Texas officers unlawfully take child without parental consent or court order
- In October 2018, police officers confronted a minor, Jade McMurry, at her home based on unfounded suspicions regarding her safety.
- The U.S. Court of Appeals for the 5th Circuit ruled that the officers unlawfully seized Jade without notifying her parents or having proper legal grounds.
- The case raises serious concerns about the extent of qualified immunity for law enforcement when violating constitutional rights.
In Midland, Texas, in October 2018, police officers Kevin Brunner and Alexandra Weaver confronted 14-year-old Jade McMurry at her home. The officers had received unfounded suspicions about Jade's supervision while her mother was away on a trip. Despite being informed that her brother was being checked on by a family friend, the officers proceeded to take custody of Jade without notifying her parents, violating the 14th Amendment's due process rights. This incident not only raised questions about parental rights but also involved subsequent criminal charges against Megan McMurry, Jade's mother, even after Child Protective Services deemed there was no case to pursue. The matter escalated to the U.S. Court of Appeals for the 5th Circuit, which ruled that Jade was unlawfully seized without any exigent circumstances or proper legal protocols in place. The court emphasized that government entities cannot take a child from their parents absent a court order or consent. The ruling brought to light significant concerns regarding qualified immunity for law enforcement officers, as the decisions made by Brunner and Weaver were deemed particularly egregious; they demonstrated a blatant disregard for established legal precedent regarding the treatment of minors in such situations. The implications of this case could have lasting effects on how child welfare and policing intersect in the future, making it essential for law enforcement to be cautious and informed when it comes to family matters, especially concerning juvenile interventions.