Full opinion text
MEMORANDUM OPINION ELLIS, District Judge. In this action, plaintiffs, a mother, daughter and stepfather, assert federal statutory and state law claims against eighteen defendants based on allegations that the mother and stepfather were separated from the daughter for a period of approximately three months owing to defendants’ false allegations of sexual abuse against plaintiff stepfather. Threshold dismissal motions by all defendants and defendants Alternative House, El-Sayed, and Raphael’s motion for summary judgment in the alternative raise a variety of dispositive issues, which are addressed here. I. Plaintiffs Darlene Gedrich-Lenz (“Ged-rich-Lenz”), Enrique Lenz (“Lenz”), and Kara Gedrieh (“Kara”) are respectively mother, stepfather, and daughter and are citizens of the Commonwealth of Virginia. The eighteen defendants are: (1) Fairfax County Board of Supervisors (“Fairfax County”); (2) Dana Paige (“Paige”), director of the Department of Family Services (“DFS”); (3) Carolyn Fowler (“Fowler”), program manager of the Foster Care Division at DFS; (4) Elizabeth Spell (“Spell”), a supervisor in Child Protective Services (“CPS”) at DFS; (5) Patricia Sullivan (“Sullivan”), a supervisor in the Foster Care Division at DFS; (6) Ann Bussells (“Bussells”), a caseworker for CPS at DFS; (7) Lilly Reed-Hall (“Reed-Hall”), a caseworker for Foster Care at DFS; (8) John Harrold (“Harrold”), director of Woodburn Mental Health Center (‘Woodburn”) (9) Teresita DiPinto, M.D. (“DiPinto”), a physician at Woodburn; (10) Alternative House, The Abused and Homeless Children’s Refuge (“Alternative House”); (11) Samir El-Sayed, director of Alternative House; (12) Elana Raphael, a counselor at Alternative House; (13) Adolescent and Family Growth Center (“AFGC”) (14) Roma Farge, director of admissions and foster care at AFGC; (15) Piedmont Behavioral Health Center (“Piedmont”); (16) Michael Beavers, Chief Executive Officer of Piedmont; (17) Stacy Stickley, a therapist at Piedmont; and (18) Wayne Villeneuve, a clinical director at Piedmont. II. On November 10, 2000, Kara, a troubled teen with a suspected substance abuse problem, ran away from home. For a period of eleven days, Kara stayed with various friends and was allegedly raped while staying at the home of one of these friends. On November 21, 2000, the mother of one of Kara’s friends called CPS in the Department of Family Services regarding Kara. In the course of the call, Kara spoke with someone at CPS who asked her whether her stepfather, Enrique Lenz, had been “inappropriate” with her. Kara said she did not know and explained that “something bad had happened” to her. Defendant Bussells, a CPS caseworker, then began a joint investigation with the Fairfax County Police Department (“FCPD”) to investigate possible sexual abuse. On November 22, 2000, Bussells took Kara to Woodburn Mental Health Center (‘Woodburn”) for a psychological evaluation. Bussells then took Kara to Alternative House for placement. Gedrich-Lenz, signed the admissions form permitting her daughter to stay at Alternative House. This form did not mention or refer to any “no-contact” policy or other restrictions that would preclude parental contact with Kara during her stay at Alternative House. While Bussells suggested to Ged-rich Lenz that she and her husband refrain from initiating contact with Kara for a few days, no mention was made of any formal “no parental contact” restrictions. Indeed, on November 23, 2000, Gedrich-Lenz contacted Alternative House and spoke with Kara. Later, on November 23, 2000, Kara made a request to attend Thanksgiving dinner with her family at her grandparents’ home. An Alternative House employee called Bussells to inquire whether a familial outing might be approved for Kara, leaving a detailed message on Bus-sells’ answering machine. Because Alternative House never received a return call from Bussells, Kara’s request was denied. On November 24, 2000, defendant Raphael, a counselor at Alternative House, spoke with Bussells on the phone, at which point Bussells reiterated that Kara should have no outings or telephone contact with her parents. Plaintiffs allege that for the next week, Gedrich-Lenz attempted to contact Kara numerous times, but was told by Alternative House that she could not have any contact with Kara. On November 27, 2000, Gedrich-Lenz spoke with Bussells and demanded rescission of the “no parental contact” restriction preventing her from speaking with Kara. Bussells denied Gedrich-Lenz’s request and asked for her continued patience on the matter. The following day, November 28, Alternative House staff again refused to allow Gedrich-Lenz to speak with Kara, despite acknowledging that Gedrich-Lenz retained legal custody of Kara. On this occasion, Alternative House staff informed Gedrich-Lenz that Alternative House had a “corroborating policy” under which Alternative House could not override CPS restrictions, even when parents retained legal custody of the child at issue. On November 28, 2000, Lenz voluntarily met with Detective John Comiskey of the FCPD and was informed of the sexual abuse allegations against him and the pending joint investigation. Detective Comiskey questioned Lenz about a specific incident during which Lenz saw Kara undressed and inquired about massages Lenz had given Kara, as well as internet access Kara had to Lenz’s laptop computer. Lenz denied any inappropriate behavior or intentions on his part with regard to Kara, particularly with respect to the specific incidents mentioned by Detective Comis-key. After the interview, Detective Com-iskey informed Lenz that criminal charges would not be pursued. According to Alternative House, Kara was scheduled to leave the facility on December 5, 2000, but Gedrich-Lenz made an oral request to extend Kara’s stay there until December 8, 2000, which request was granted by Alternative House. On December 7, 2000, Gedrich-Lenz made arrangements to discharge Kara from Alternative House the following day after a scheduled meeting with Bussells. During this meeting on December 8, 2000, Bus-sells admitted to Gedrich-Lenz that she had put in place the “no parental contact” restriction at Alternative House. After the meeting, Bussells and her supervisor, Spell, pursuant to Virginia law, took emergency custody of Kara, and Bus-sells orally requested that Kara remain at Alternative House until December 11, 2000. Alternative House complied with this request. Thereafter, within the time prescribed by Virginia law, Bussells sought and was granted an emergency removal order for Kara in Fairfax County Juvenile and Domestic Relations (“J & DR”) Court on December 11, 2000. Plaintiffs claim that Bussells, in seeking the emergency removal order, made false statements to the J & DR Court and submitted an affidavit that was “intentionally erroneous, deceptive, and misrepresented and omitted crucial facts.” In granting the emergency order, the J & DR Court scheduled a hearing on December 14, 2000 to review the matter. In the interim, Kara was placed at This Way House on December 11, 2000 with Bussells’ order that Kara have no contact with her parents. The December 14 hearing never occurred; it was obviated by the JD & R Court’s entry of an order, agreed to by Gedrich-Lenz and DFS, continuing DFS’s custody of Kara. In this order, Gedrich-Lenz stipulated to a finding that Kara was a “child in need of services,” as defined by Va.Code § 16.1-228. The order was silent on the issue of parental contact or visitation. On December 15, 2000, Reed-Hall, a foster care worker at DFS, transferred Kara to a foster care home. Arrangements for the foster placement were made by AFGC. Reed-Hall and Farge, the director of AFGC, restricted Kara’s contact with her family while at the foster care home. Thereafter, on December 18, 2000, Reed-Hall contacted Harrold, a director at Woodburn, to request an emergency “Certification of Need for Admission to Residential Psychiatric Treatment” for Kara. Acting on this request, Harrold arranged for Dr. Teresita DiPinto, a psychiatrist at Woodburn, to meet with Kara. The meeting occurred and DiPinto issued the requested certificate for admission to a 24-hour secured residential facility. Plaintiffs allege that DiPinto met with Kara for only five minutes before issuing the requested certificate. Plaintiffs further contend that DiPinto falsely documented Kara’s treatment history in the issuance of this certificate. Pursuant to the certificate, Reed-Hall transferred Kara on December 19, 2000 to Piedmont, a 24-hour secure and locked facility. The Piedmont staff who handled Kara’s case were Stacy Stickley, Wayne Villeneuve, and Michael Beavers. Gedrich-Lenz made repeated efforts to contact Kara at Piedmont, but all such efforts were rebuffed by Reed-Hall and the Piedmont staff. On December 20, 2000, Gedrich-Lenz and Lenz returned to J & DR Court to address the bar against parental contact and visitation. The J & DR Court ordered visitation between Gedrich-Lenz and Kara to the maximum extent at the discretion of DFS. Thereafter, Piedmont kept the “no parental contact” restriction in place for clinical reasons, although Kara’s grandfather was permitted to call Kara on a daily basis and to visit her three times a week for the duration of her placement at Piedmont. On January 4, 2001, Gedrich-Lenz and Lenz unsuccessfully petitioned the J & DR Court to vacate the December 14, 2000 consent order; that court concluded they had not established good cause to vacate the order. On January 8, 2001, Bussells and Spell informed Lenz of the completion of their abuse investigation and their conclusion that there were grounds to believe Lenz had sexually abused Kara. Throughout January and February 2001, Gedrich-Lenz made numerous attempts to communicate with the Piedmont staff, Reed-Hall, and others at DFS regarding visitation with Kara and the status of their case, all to no avail. On February 21, 2001, a final disposition hearing was held in which the J & DR Court terminated DFS and Piedmont’s involvement in the case and transferred custody of Kara to her maternal grandfather. The following month the J & DR Court returned custody of Kara back to Gedrich-Lenz and Lenz. III. On March 21, 2008, plaintiffs filed their Second Amended Complaint. An Order, dated May 9, 2003, (1) granted defendants Department of Family Services, Community Service Board (“CSB”), Community Policy Management Team (“CPMT”), and Woodburn’s motion to dismiss based on these entities’ lack of capacity to be sued; (2) granted defendants Stickley, Ville-neuve, Band, Beavers, El-Sayed and Raphael, Piedmont and Alternative House’s motions to dismiss based on defective service of process; (3) granted defendant Scott’s motion to dismiss, based on absolute immunity; (4) granted defendant Bussells motion to dismiss insofar as the plaintiffs’ first amended complaint purports to state a claim arising from Bussells’ conduct in preparing and filing the removal petition, but denied the motion insofar as plaintiffs’ first amended complaint purports to state a claim against Bussells based on any other conduct. (5) granted defendants Alexander, Scott, and CPMT’s motion to dismiss based on the statute of limitations. (6) granted defendants DFS, Paige, Fowler, Alexander, Spell, Sullivan, Iddings, Bussells, Reed-Hall, Scott, CSB, CPMT, Woodburn, Harrold, and DiPinto’s motion to dismiss Count VI (Adoption Assistance and Child Welfare Act). Further, plaintiffs were permitted to file a Third Amended Complaint, which they did on May 20, 2003. It alleges the following claims in eleven counts: Count I alleges a violation of 42 U.S.C. §§ 1983 and 1985 based on plaintiffs’ Fourteenth Amendment Substantive Due Process right to familial relations, integrity, privacy, and association against Fairfax County, Bussells, Spell, Reed-Hall, Sullivan, Fowler, DiPinto, Alternative House, El-Sayed, Raphael, AFGC, Farge, Piedmont, Beavers, Stickley, and Villeneuve. Count II alleges a violation of 42 U.S.C. §§ 1983 and 1985, based on plaintiffs’ Fourteenth Amendment Procedural Due Process rights against Fairfax County, Bussells, Spell, Alternative House, El-Sayed, Raphael, Reed-Hall, Sullivan, Fowler, DiPinto, AFGC, Farge, Piedmont, Beavers, Stickley, and Villeneuve. Count III alleges a violation of 42 U.S.C. §§ 1983 and 1985, based on plaintiffs’ First and Ninth Amendment rights against Fair-fax County, Bussells, Reed-Hall, Sullivan, Piedmont, Beavers, Stickley, and Villeneu-ve. Count IV alleges a violation of 42 U.S.C. §§ 1983 and 1985, based on plaintiffs’ Fourth Amendment rights against Fairfax County, Bussells, Spell, Alternative House, El-Sayed, Raphael, Reed-Hall, Sullivan, Harrold, DiPinto, AFGC, Farge, Piedmont, Beavers, Stickley, and Villeneuve. Count V alleges a violation of the Rehabilitation Act and 42 U.S.C. § 1983 against Fairfax County, AFGC, and Piedmont. Count VI alleges supervisory liability against Fairfax County, Paige, Fowler, Sullivan, Spell, and Harrold. Count VII alleges municipal liability against Fairfax County, Paige, Spell, Fowler, Sullivan, and Harrold. Count VIII alleges intentional infliction of emotional distress against Fairfax County, Paige, Spell, Bussells, Fowler, Sullivan, Reed-Hall, Harrold, DiPinto, Alternative House, El-Sayed, Raphael, AFGC, Farge, Piedmont, Beavers, Stiek-ley, and Villeneuve. Count IX alleges gross negligence against Fairfax County, Paige, Spell, Bus-sells, Fowler, Sullivan, Reed-Hall, Har-rold, DiPinto, Alternative House, El-Sayed, Raphael, AFGC, Farge, Piedmont, Beavers, Stickley, and Villeneuve. Count X alleges malicious prosecution against Fairfax County, Bussells, Spell, and Reed-Hall. Count XI alleges malpractice against Fairfax County, Bussells, Reed-Hall, Di-Pinto, Alternative House, El-Sayed, Raphael, AFGC, Farge, Piedmont, Stickley, Villeneuve, Sullivan, and Beavers. Plaintiffs sue Paige, Fowler, Spell, Sullivan, Bussells, and Reed-Hall in both their official and individual capacities. Harrold, DiPinto, El-Sayed, Raphael, Farge, Beavers, Stickley, and Villeneuve are sued in their individual capacities. IV. A. Statute of Limitations for Fairfax County Claims Fairfax County filed a motion to dismiss all claims against it pursuant to Rule 12(b)(6), Fed.R.CivP., arguing that the Third Amended Complaint is time-barred. The facts pertinent to this motion are undisputed and may be succinctly summarized. Plaintiffs filed their initial complaint on November 20, 2002. This complaint did not name Fairfax County as a defendant and was not served on any of the named defendants. Plaintiffs’ First Amended Complaint, filed on March 21, 2003, included “Fairfax County” in the caption, but this reference was stricken through and initialed by Gedrich-Lenz. Left untouched was a reference to the County as a defendant in Paragraph 15 of the First Amended Complaint. Service of the First Amended Complaint, including service on the named Fairfax County employees and DFS, occurred on March 31, 2003. The First Amended Complaint was never served on Fairfax County. Thereafter, on May 20, 2003, pursuant to an order permitting the filing of a further amended complaint, plaintiffs filed their Third Amended Complaint. This complaint, for the first time, named the Fairfax County Board of Supervisors as a defendant. The Third Amended Complaint seeks recovery for injuries occurring from November 2000 through February 21, 2001. Analysis of this issue properly begins with recognition that section 1983 does not contain a statute of limitations, but instead borrows the appropriate limitations period from state law. See McCausland v. Mason County Bd. of Educ., 649 F.2d 278, 279 (4th Cir.1981) (“For the most part, the Reconstruction Civil Rights Acts do not provide specifically for limitations on the time in which claims thereunder may be brought. The federal courts therefore borrow an appropriate limitations period from the state in which the claims arose.”). In Virginia, the statute of limitations for personal actions for injury to person or property is two years, accruing from the date the injury is sustained. See Va.Code §§ 8.01-243, 8.01-230. All the incidents alleged in the complaint involving the county defendants occurred prior to February 21, 2001. As a result, the statute of limitations for claims against Fair-fax County expired on February 21, 2003. Given this, and because the Third Amended Complaint, which added the Fairfax County Board of Supervisors as a party defendant, was not filed until May 20, 2003, long after the two year statute of limitations had expired, plaintiffs’ claims against Fairfax County are time-barred unless the claims in the Third Amended Complaint relate back to the initial complaint pursuant to Rule 15(c), Fed.R.Civ.P. Rule 15(c) prescribes certain requirements for the relation back of a claim in an amended complaint. The first requirement is that the claim in the amended pleading must arise out of the same transaction or occurrence as the original claim. Fed.R.Civ.P. 15(c)(2). This requirement is plainly satisfied here, as both the original complaint and the Third Amended Complaint set forth virtually identical facts. In the case of an amendment that changes the party or the naming of a party, Rule 15(c) imposes further requirements. It requires (i) that the party brought in by amendment must have received notice of the claim “within the period provided by Rule 4(m) for service of the summons and complaint,” (ii) that the party not be prejudiced in maintaining a defense on the merits, and (iii) that the party “knew or should have known that, but for a mistake concerning the identity of the proper party, the action would have been brought against the party.” Fed.R.Civ.P. 15(c)(3). Rule 4(m) requires service of the summons and complaint within 120 days of the filing of the complaint, except that where a plaintiff shows good cause for the failure to meet the 120-day limit, “the court shall extend the time for service for an appropriate period.” Fed.R.Civ.P. 4(m). The Advisory Committee Notes to the 1991 Amendment of Rule 15(c) clarify that “[i]n allowing a name-correcting amendment within the time allowed by Rule 4(m), this rule allows not only the 120 days specified in that rule, but also any additional time resulting from any extension ordered by a court pursuant to the rule.” Thus, courts have allowed relation back provided the added party had notice within 120 days following the filing of the complaint, or later if good cause is shown. See, e.g., Skoczylas v. Fed. Bureau of Prisons, 961 F.2d 543, 545 (5th Cir.1992) (“[Relation back is allowed as long as the added party had notice within 120 days following the filing of the complaint, or longer if good cause is shown.”); Heiser v. Ass’n of Apartment Owners of Polo Beach Club, 848 F.Supp. 1482, 1487 (D.Hawai'i 1993) (finding good cause for plaintiffs’ failure to serve their amended complaint within 120 days). The application of these principles to the facts at bar leads to the conclusion that plaintiffs’ claims against Fairfax County are not time barred. To begin with, the First Amended Complaint named several Fairfax County employees in their official capacities, which has the same effect as naming Fairfax County itself. See Monell v. Dep’t of Social Servs. of the City of New York, 436 U.S. 658, 690 n. 55, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978) (holding that suing local government officials in their official capacity is “only another way of pleading an action against an entity of which an officer is an agent”). Thus, Fair-fax County first had notice of plaintiffs’ suit on March 31, 2003 — 131 days after the original complaint was filed and thus eleven days beyond the 120 day period prescribed in Rule 4(m). This is not fatal to the plaintiffs’ claims, for there is ample good cause to excuse this brief delay given (i) that it does not appear that this delay was caused by plaintiffs’ lack of diligence, (ii) the absence of any prejudice to Fairfax County, and (iii) the fact that plaintiffs are proceeding pro se, particularly since Fair-fax County received effective notice of plaintiffs’ claims at the same time as all other named defendants. Thus, Fairfax County’s motion to dismiss the complaint as time-barred must be denied. B. Section 1985 Claims In counts one through seven of their Third Amended Complaint, plaintiffs allege conspiracy claims against all defendants under 42 U.S.C. § 1985. While plaintiffs fail to specify the subsection of § 1985 on which they rely, it is clear that only § 1985(3) has any possible relevance to this case. To state a claim under § 1985(8), there must be “some racial, or perhaps otherwise class-based invidiously discriminatory animus behind the conspirators’ action.” Griffin v. Breckenridge, 403 U.S. 88, 102, 91 S.Ct. 1790, 29 L.Ed.2d 338 (1971). The Third Amended Complaint is devoid of any allegations of class-based discriminatory animus; therefore all § 1985 claims against all defendants must be dismissed. C. Substantive Due Process (Count I) To establish a claim under § 1983, a plaintiff must prove (1) that the defendant has deprived him of a right secured by the “Constitution and laws of the United States” and (2) that the defendant deprived him of this constitutional right “under color of any statute, ordinance, regulation, custom, or usage of any State or territory.” Adickes v. S.H. Kress & Co., 398 U.S. 144, 150, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970). Plaintiffs make three allegations in their substantive due process claim. First, plaintiffs allege that Fairfax County, Bussells, Spell, Reed-Hall, Sullivan, Fowler, DiPinto, Alternative House, El-Sayed, Raphael, AFGC, Farge, Piedmont, Beavers, and Stickley separated Kara from her family and denied her contact with her parents and siblings in violation of plaintiffs’ right to familial relations. ¶221, Third Amended Compl. Second, plaintiffs claim that Fairfax County, Bus-sells, Reed-Hall, AFGC, Farge, Piedmont, and Stickley “routinely verbally assaulted, harassed, and unlawfully confined [Kara]” in violation of her “right to be protected from government created dangers and harm.” ¶ 222. Finally, plaintiffs allege that Fairfax County, Reed-Hall, Sullivan, Fowler, DiPinto, AFGC, Farge, Piedmont, Beavers, Stickley, and Villeneuve deprived and conspired to deprive Kara from being placed “in the least restrictive environment while under the custody and care of the Defendants” and “routinely executed widespread practices contrary to statutory procedural safeguards and routinely denied and retaliated against [Kara] for her attempts to initiate and exercise lawful procedural safeguards afforded to patients to remedy [her] unlawful confinement.” ¶ 223. The Fourteenth Amendment provides in relevant part that “[n]o state shall ... deprive any person of life liberty or property without due process of law.” U.S. Const, amend. XIV. “The substantive component of the Due Process Clause ‘bar[s] certain government actions regardless of the fairness of the procedures used to implement them.’ ” Weller v. Dep’t of Social Servs., 901 F.2d 387, 391 (4th Cir.1990) (internal citation omitted). Thus, “[t]he touchstone of due process is the protection of the individual against arbi trary action of government.” Wolff v. McDonnell, 418 U.S. 539, 558, 94 S.Ct. 2963, 41 L.Ed.2d 935 (1974). Generally, an act must “shock the conscience” in order to constitute a violation of substantive due process. See Weller, 901 F.2d at 391. For purposes of clarity, plaintiffs substantive due process claim is divided by group of defendants. 1. Fairfax County and County Employees Plaintiffs allege that Fairfax County and its employees Bussells, Spell, Reed-Hall, Sullivan, Fowler, and Di-Pinto violated their Fourteenth Amendment substantive due process right to “familia[l] relations, integrity, privacy, and association.” ¶ 220, Third Amended Compl. The starting point in the analysis is the right to familial privacy. The Supreme Court has long recognized that parents have a liberty interest in familial relations as a component of substantive due process. See Meyer v. Nebraska, 262 U.S. 390, 399, 43 S.Ct. 625, 67 L.Ed. 1042 (1923); Brokaw v. Mercer County, 235 F.3d 1000, 1018 (7th Cir.2000) (citing Prince v. Massachusetts, 321 U.S. 158, 166, 64 S.Ct. 438, 88 L.Ed. 645 (1944)). There is “a fundamental liberty interest of natural parents in the care, custody, and management of their child.” Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982). This interest, however, is not absolute; it “is limited by the compelling government interest in the protection of children — particularly where the children need to be protected from their own parents.” Croft v. Westmoreland County Children & Youth Servs., 103 F.3d 1123, 1125 (3d Cir.1997). The Fourth Circuit has limited the concept of familial privacy to two areas: “(1) thwarting governmental attempts to interfere with particularly intimate family decisions, and (2) voiding government actions that sever, alter, or otherwise affect the parent/child relationship.” Hodge v. Jones, 31 F.3d 157, 163 (4th Cir.1994). It is this second aspect of familial privacy that is most relevant to the analysis presented here. (a) Bussells and Spell When conduct of a member of the executive branch is at issue, “only the most egregious official conduct can be said to be arbitrary in the constitutional sense.” Miller v. City of Philadelphia, 174 F.3d 368, 375 (3d Cir.1999) (internal quotation marks omitted). To impose liability, “executive action must be so ill-conceived or malicious that it ‘shocks the conscience;’” mere negligence is insufficient. Id. Although the “shocks the conscience” standard can be difficult to apply, clear guideposts do exist. In the area of child protection, “remov[al][of] a child in emergency action from the custody of a parent suspected of abusing him, based upon some evidence of child abuse ” does not shock the conscience. Weller v. Dep’t of Soc. Servs., 901 F.2d 387, 391 (4th Cir.1990) (emphasis added). Therefore, in assessing whether plaintiffs’ state a substantive due process claim for Bussells and Spell’s conduct in taking emergency custody of Kara on December 8, 2000, the determinative inquiry is whether these individuals had some evidence of sexual abuse on which to base their action. Plaintiffs allege that Bussells and Spell took emergency custody of Kara without a shred of evidence to support their belief that Kara suffered sexual abuse at the hands of her stepfather, and further that Bussells and Spell knew Lenz never sexually abused Kara. Assuming plaintiffs’ allegations are true, such knowing and intentional conduct by Bussells and Spell would satisfy the shocks-the-conscience standard. While there are eases where a caseworker is justified in taking emergency custody of a child, even where later investigation proves no abuse occurred, “a state has no interest in protecting children from their parents unless it has some reasonable and articulable evidence giving rise to a reasonable suspicion that a child has been abused, or is in imminent danger of abuse.” Croft, 103 F.3d at 1126; accord Brokaw v. Mercer County, 235 F.3d 1000, 1019 (7th Cir.2000). While it is undisputed, as defendants point out, that Kara ran away from home, was expelled from school, and had a history of alcohol and drug use, these facts alone are insufficient to constitute “definite and articulable evidence” giving rise to a reasonable suspicion of sexual abuse by Lenz. Brokaw, 235 F.3d at 1019. Plaintiffs allege that Bussells and Spell had no evidence warranting a reasonable suspicion of sexual abuse by Lenz, and although defendants deny this allegation, it must be taken as trae for purposes of resolving this threshold dismissal motion. It follows, then, that plaintiffs state a Fourteenth Amendment substantive due process claim against Bussells and Spell for taking emergency custody of Kara, without any evidence giving rise to a reasonable suspicion of sexual abuse by Lenz. See Miller, 174 F.3d at 375-76 (“[I]n order for liability to attach, a social worker need not have acted with the ‘purpose to cause harm,’ but the standard of culpability for substantive due process purposes must exceed both negligence and deliberate indifference, and reach a level of gross negligence or arbitrariness that indeed ‘shocks the conscience.’ ”). The threshold dismissal inquiry does not end here, however, as both Bussells and Spell are government em-' ployees and thus may be entitled to absolute or qualified immunity. Absolute immunity exempts government officials from liability for “ ‘activities intimately associated with the judicial process’ — i.e. activities that constitute the functional equivalent of those engaged in by judges, advocates, and witnesses.” Vosburg v. Dep’t of Soc. Servs., 884 F.2d 133, 136 (4th Cir.1989). Insofar as plaintiffs’ substantive due process claim encompasses Bussells’ conduct in the actual preparation and filing of the emergency removal petition in the J & DR Court on December 11, 2000, including her attachment of an affidavit to the petition alleging that Kara was an abused and/or neglected child, Bussells is entitled to absolute immunity. See id. at 135 (granting absolute immunity from suit under § 1983 to social workers with respect to their conduct in preparing and filing a removal petition and analogizing such conduct to that of prosecutors initiating and pursuing a criminal prosecution). Moreover, because Virginia law permits the emergency removal of a child without prior judicial authorization provided an order is obtained within 72 hours, Bussells and Spell are also absolutely immune from suit for their decision to seek emergency removal of Kara on December 8, 2000, as this constituted the initial step triggering the judicial proceedings that followed three days later. In taking this step, Bussells and Spell were acting in a prosecutorial, rather than an investigative, capacity. See Vosburg, 884 F.2d at 135 (affording social workers absolute immunity in filing a removal petition because they were “acting in a prose-cutorial, rather than an investigative or ‘policing’ capacity”). Social workers, however, are not entitled to absolute immunity for their conduct in investigating the possibility that a removal petition should be filed. Id. at 138. In this regard, plaintiffs allege that during Kara’s stay at Alternative House from November 22, 2000 until December 8, 2000, while Bussells’ abuse investigation was ongoing, Bussells instructed Alternative House staff to restrict contact between Kara and her mother and stepfather — instructions Alternative House followed — knowing the sexual abuse allegations to be false and despite Gedrich-Lenz’s retention of legal custody of Kara during this period. Assuming the truth of this allegation, Bus-sells’ conduct shocks the conscience and plaintiffs therefore state a Fourteenth Amendment substantive due process claim against Bussells. It is plaintiffs’ allegation of knowing, intentional, and malicious conduct on Bussells’ part in instituting the “no parental contact” restriction, however, that elevates their claim to the constitutional level. Plaintiffs will thus have the significant burden of proving that Bussells had no reason to believe that Lenz sexually abused Kara and that she restricted Kara’s contact with her parents knowing the sexual abuse allegations to be false. Only then would the government’s interest in protecting Kara from abuse have no application, rendering the contact restriction baseless and thus conscience-shocking. See Young v. City of Mount Ranier, 238 F.3d 567, 574 (4th Cir.2001) (“It is clear that ‘liability for negligently inflicted harm is categorically beneath the threshold of constitutional due process,’ and that conduct ‘intended to injure in some way unjustifiable by any government interest is the sort of official action most likely to rise to the conscience-shocking level.’”) (citation omitted). Next, it is necessary to determine whether Bussells is entitled to qualified immunity for allegedly knowingly putting in place a baseless “no parental contact” restriction. The qualified immunity doctrine “shields from civil damages liability government officials performing discretionary functions so long as the officials’ conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Weller v. Dep’t of Soc. Servs., 901 F.2d 387, 398 (4th Cir.1990). Quali fied immunity analysis calls for a two-step inquiry. First, it is necessary to determine whether, taken in the light most favorable to plaintiffs, the facts alleged show that Bussells’ conduct violated plaintiffs’ constitutional right. See Saucier v. Katz, 533 U.S. 194, 201, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001). If this first step in the analysis is satisfied, it is then necessary to determine whether the right at issue was clearly established at the time of the violation. Id. To qualify as clearly established, “the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Anderson v. Creighton, 483 U.S. 635, 640, 107 S.Ct. 3034, 97 L.Ed.2d 523 (1987). As discussed above, the first step is satisfied by the allegation that Bussells knowingly put in place the “no parental contact” restriction without a reasonable suspicion of abuse because this alleged conduct shocks the conscience. This allegation provides a basis for a substantive due process claim. With respect to the second step, in deciding whether the right at issue was clearly established at the time of the violation, “the right must be defined ‘at a high level of particularity.’ ” Wilson v. Kittoe, 337 F.3d 392, 403 (4th Cir.2003) (citing Edwards v. City of Goldsboro, 178 F.3d 231, 250-51 (4th Cir.1999)). Although the contours of the substantive due process right may be difficult to discern, “[t]he relevant dispositive inquiry is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted.” Saucier, 533 U.S. at 202, 121 S.Ct. 2151; Maciariello v. Sumner, 973 F.2d 295, 298 (4th Cir.1992) (“Officials are not liable for bad guesses in gray areas; they are liable for transgressing bright lines.”). Thus, the appropriate question is whether, at the time Bussells put in place and maintained the “no parental contact” restriction ie., from November 22, 2000 through December 8, 2000, it was clearly established that a social worker could not constitutionally sever parental contact with a child without a reasonable basis to suspect parental abuse. The caselaw makes clear that this principle was clearly established; it is clear that plaintiffs’ right to be free from parental contact restrictions imposed without court order, probable cause, or exigent circumstances was clearly established at the time of the violation. If plaintiffs’ allegations are true, then Bussells did not simply make a bad guess in a gray area, but instead transgressed a bright constitutional line. In summary, then, plaintiffs state a § 1983 substantive due process claim against Bussells (but not Spell) based on knowingly putting in place and maintaining the “no parental contact” restriction from November 22, 2000 until December 8, 2000. And, it is also clear that, while Bussells is entitled to absolute immunity for her conduct in the actual preparation and filing of the emergency removal petition in the J & DR Court as well as her decision to seek emergency removal of Kara on December 8, 2000, she is not entitled either to qualified immunity or absolute immunity for instituting the “no parental contact” restriction while investigating the possibility that a removal petition should be filed. Thus, plaintiffs substantive due process claim against Bussells for the “no parental contact” restriction survives defendant’s threshold attack. It bears repeating, however, that this claim will fail if it is ultimately determined that Bussells had articulable evidence giving rise to a reasonable suspicion of sexual abuse by Lenz. (b) Reedr-Hall, Sullivan, Fowler, and DiPinto Plaintiffs allege that Reed-Hall, Sullivan, Fowler, and DiPinto “maliciously denied [Kara] contact with her parents and siblings,” ¶ 221 Third Amended Compl., and that Reed-Hall “routinely verbally, assaulted, harassed, and unlawfully confined” Kara. ¶ 222. Significantly, these defendants did not become involved in Kara’s case until after legal custody of Kara had temporarily transferred to Fairfax County. After entry of the December 14, 2000 consent order, the County and its employees had the legal right to determine Kara’s placement and visitation schedule and thus did not unlawfully sever contact between Kara and her family or unlawfully confine her. Thus, plaintiffs fail to state a substantive due process claim against Reed-Hall, Sullivan, Fowler, and DiPinto. 2. Alternative House, El-Sayed, and Raphael To state a claim under 42 U.S.C. § 1983, a plaintiff must allege “(1) that the conduct complained of was committed by a person acting under color of state law; and (2) that this conduct deprived a person of rights, privileges, or immunities secured by the Constitution or laws of the United States.” Cohen v. Philadelphia, 736 F.2d 81, 83 (3d Cir.1984) (citing Parratt v. Taylor, 451 U.S. 527, 101 S.Ct. 1908, 68 L.Ed.2d 420 (1981)). Alternative House, El-Sayed, and Raphael contend that because Alternative House is a private institution, the substantive due process claim against them must be dismissed because they were not acting under color of state law. The “color of state law” requirement is equivalent to the state action requirement under the Fourteenth Amendment. Haavistola v. Community Fire Co. of Rising Sun, Inc., 6 F.3d 211, 215 (4th Cir.1993). The requirement excludes from the reach of § 1983 all “merely private conduct, no matter how discriminatory or wrongful.” Am. Mfrs. Mut. Ins. Co. v. Sullivan, 526 U.S. 40, 50, 119 S.Ct. 977, 143 L.Ed.2d 130 (1999), but includes within its scope “apparently private actions which have a ‘sufficiently close nexus’ with the State to be ‘fairly treated as that of the State itself.’ ” Rossignol v. Voorhaar, 316 F.3d 516, 523 (4th Cir.2003) (citing Jackson v. Metro. Edison Co., 419 U.S. 345, 351, 95 S.Ct. 449, 42 L.Ed.2d 477 (1974)). Plaintiffs allege that Bussells told Alternative House employees to prevent Kara from having any contact with Gedrich-Lenz or Lenz during her stay at Alternative House. Plaintiffs allege that this “no parental contact” policy was not initiated by Alternative House, but was instead initiated and carried out at the behest of the state. Therefore, assuming the truth of this allegation, Alternative House and its employees acted under color of state law in enforcing Bussells’ “no parental contact” restriction. Cf. Jackson, 419 U.S. at 357, 95 S.Ct. 449 (finding no state action on the part of a heavily regulated utility company, noting that state approval of a certain practice at the request of the regulated utility “where the commission has not put its own weight on the side of the proposed practice by ordering it, does not transmute a practice initiated by the utility and approved by the commission into ‘state action’ ”). The next step in the § 1983 analysis is to determine whether plaintiffs state a substantive due process claim against Alternative House, El-Sayed, and Raphael. In this regard, plaintiffs allege that Alternative House routinely denied Gedrich-Lenz and Lenz’s requests to have contact with Kara during the period November 22, 2000 through December 8, 2000, and prevented Kara from attending a Thanksgiving dinner, despite Gedrich-Lenz’s retention of legal custody of Kara during this period. With respect to the Thanksgiving dinner, Alternative House’s own records, attached as exhibits to Plaintiffs’ Memoranda in Opposition to Alternative House and El-Sayed’s Motion to Dismiss, indicate that an Alternative House employee attempted to contact Bussells after Kara requested that she be allowed to visit with her family. Receiving no return call from Bussells, Alternative House denied Kara’s request. As neither the County nor Alternative House had legal custody of Kara at this time, they had no right to restrict Kara’s contact with her parents, absent a reasonable suspicion of sexual abuse. Plaintiffs allege that both Raphael and El-Sayed agreed to implement Bussells’ “no parental contact” restriction, as well as notify other staff of the policy. Because Bussells allegedly lacked a reasonable suspicion of abuse, Raphael and El-Sayed’s enforcement of the policy shocks the conscience and states a Fourteenth Amendment substantive due process claim. Yet, the analysis does not end here as Alternative House, El-Sayed, and Raphael do not simply attack plaintiffs’ complaint on a motion to dismiss; in the alternative, they move for summary judgment. In support of their motion for summary judgment, both El-Sayed and Raphael submitted sworn affidavits in which they each state that while working at Alternative House, they met with Kara regularly and that “[s]he complained of having been sexually abused by her step-father, Enrique Lenz, and demonstrated certain destructive behaviors, such as self-mutilation, smoking and low self-esteem.” See ¶ 6, Affidavit of Samir El-Sayed; ¶ 6, Affidavit of Elana Raphael. Plaintiffs did not submit a sworn affidavit from Kara refuting El-Sayed and Raphael’s account. As a result, Alternative House, El-Sayed, and Raphael are entitled to summary judgment on plaintiffs’ substantive due process claim because these defendants had an independent and reasonable basis to believe that Kara had been sexually abused by her stepfather — the words from Kara’s own mouth. Unlike the plaintiffs’ allegations concerning Bussells, there is no allegation that El-Sayed and Raphael knew the abuse allegations were false; indeed the record reflects the contrary; therefore it does not shock the conscience that they followed Bussells’ “no parental contact” restriction, particularly in light of their awareness that CPS was conducting a sexual abuse investigation. 3. AFGC, Forge, Piedmont, Stickley, and Villeneuve According to the complaint, AFGC was the organization (with Farge as its director) that coordinated Kara’s foster care placement on December 15, 2000 at Reed-Hall’s request. Similarly, Piedmont and its staffs involvement in Kara’s case did not occur until December 18, 2000, the date Kara was placed at Piedmont. Fair-fax County had legal custody of Kara on both December 15 and December 18, 2000. Thus Kara’s foster care placement and subsequent confinement at Piedmont was not unlawful. As such, plaintiffs § 1983 claim based on allegations that these defendants “routinely verbally assaulted, harassed, and unlawfully confined” Kara is without merit, as fails to state a substantive due process violation. D. Procedural Due Process (Count II) In order to state a procedural due process claim, plaintiffs “must demonstrate that ‘there exists a liberty or property interest which has been interfered with by the State’ and that ‘the procedures attendant upon that deprivation’ were constitutionally deficient.” Barefoot v. City of Wilmington, 306 F.3d 113, 124 (4th Cir.2002) (citation omitted). The thrust of plaintiff’s procedural due process claim stems from the termination of contact between Kara and her parents from November 22, 2000 until February 21, 2001. As noted in the discussion of plaintiffs’ substantive due process claim, plaintiffs have a liberty interest in familial integrity and privacy. See Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 71 L.Ed.2d 599 (1982) (finding that natural parents have a “fundamental liberty interest ... in the care, custody, and management of their child); Hodge v. Jones, 31 F.3d 157, 163 (4th Cir.1994) (recognizing the right to familial integrity and privacy); Jordan ex rel. Jordan v. Jackson, 15 F.3d 333, 343 (4th Cir.1994) (“The bonds between parent and child are, in a word, sacrosanct, and the relationship between parent and child inviolable except for the most compelling reasons.”). Insofar as plaintiffs claim Kara was placed at Alternative House without due process of law, they fail to state a procedural due process claim because Gedrich-Lenz, not the County of any of its employees, signed the admissions paperwork admitting Kara to Alternative House on November 22, 2000. Plaintiffs do state a procedural due process claim, however, against Bussells, Alternative House, El-Sayed, and Raphael for the “no parental contact” restriction put in place during Kara’s stay at Alternative House from November 22, 2000 until December 8, 2000. During this period, Bussells had yet to obtain a removal order or take emergency custody of Kara pursuant to Va.Code § 16.1-228, and accordingly had no authority to sever parental contact with Kara. Bussells’ “no parental contact” restriction was thus put in place without judicial authorization and without due process of law. Plaintiffs also state a procedural due process claim against Bussells insofar as they allege she submitted knowingly false statements in her affidavit in support of emergency removal to the J & DR Court. See Brokaw v. Mercer County, 235 F.3d 1000, 1020 (7th Cir.2000) (“[N]o matter how much process is required, at a minimum it requires that government officials not misrepresent the facts in order to obtain the removal of a child from his parents.”); id. at 1021 (“Because [plaintiff] claims that he was removed based on knowingly false statements of child neglect ... he has stated a procedural due process claim.”). As discussed earlier, however, because the submission of the affidavit pertains to Bussells’ filing of the petition in the J & DR Court, Bussells is absolutely immune from suit in this regard. See Vosburg v. Dep’t of Soc. Servs., 884 F.2d 133, 135 (4th Cir.1989) (granting absolute immunity from suit under § 1983 to social workers with respect to their conduct in preparing and filing a removal petition). Plaintiffs fail to state a procedural due process claim for Bussells and Spéll’s delay in seeking judicial authorization for their December 8, 2000 emergency removal of Kara, as Virginia law allows the state to remove a child without prior judicial authorization provided such authorization is sought within 72 hours. See Va.Code § 16.1-228; Jordan ex rel. Jordan v. Jackson, 15 F.3d 333, 343 (4th Cir.1994) (holding the Virginia statute, specifically the 72-hour delay, to be constitutional). Bus-sells and Spell sought judicial authorization for their emergency removal of Kara on December 11, 2000 — three days after they took emergency custody of Kara, in compliance with Virginia law. Finally, plaintiffs also fail to state a procedural due process claim against Raphael, Reed-Hall, Sullivan, Fowler, Di-Pinto, AFGC, Farge, Piedmont, Beavers, Stiekley, and Villeneuve. Significantly, these defendants’ involvement in Kara’s case did not occur until after Kara’s legal custody had temporarily transferred to the County. Gedrich-Lenz voluntarily relinquished legal custody of Kara to the County pursuant to the December 14, 2000 consent order. This consent order vested the County with the authority to determine “where and with whom [Kara] shall live.” See Va.Code § 16.1-228 (defining legal custody). As a result, plaintiffs cannot now claim that defendants confined Kara or determined her visitation privileges without due process of law. See Weller v. Dep’t of Social Servs., 901 F.2d 387, 393 (4th Cir.1990) (holding that a father failed to demonstrate a due process violation when he voluntarily relinquished custody and management of his son to the State, finding that “[i]f one voluntarily surrenders a liberty interest to the State, there has been no ‘deprivation’ of that interest by the State, and no due process violation”). In summary, plaintiffs state a § 1983 procedural due process claim (i) against Bussells, Alternative House, El-Sayed, and Raphael for the “no parental contact” restriction put in place during Kara’s stay at Alternative House; and (ii) against Bus-sells for knowingly submitting false statements in her affidavit in support of Kara’s emergency removal to the J & DR Court. Bussells, however, is entitled to absolute immunity with respect to this second claim. As a result, only the first procedural due process claim survives threshold scrutiny. E. First and Ninth Amendments (Count HI) In Count III, plaintiffs allege (1) that Fairfax County (and its employees Bus-sells, Reed-Hall, and Sullivan) and Piedmont (and its employees Beavers, Stickley, and Villeneuve) violated their right to association with each other; and (2) that Fairfax County, Piedmont, and their respective employees “maliciously retaliated” against Kara for speaking with an attorney of her choice. These allegations are essentially a restatement of plaintiffs claims in Counts I and II relating to the acts that occurred while Kara was at the Piedmont facility. Because Fairfax County had legal custody of Kara during her placement at Piedmont, pursuant to an agreed order between Gedrich-Lenz and the County, it follows that defendants did not violate the First and Ninth Amendments in placing Kara at Piedmont and determining her visitation privileges. Under Virginia law, legal custody of a child “vests in a custodian the right to have physical custody of the child, [and] to determine or redetermine where and with whom she shall live.” Va.Code § 16.1-228. Thus, Count III must be dismissed. F. Fourth Amendment (Count IV) 1. Fairfax County, Bussells, Alternative House, El-Sayed, and Raphael The Fourth Amendment protects individuals from “unreasonable searches and seizures by government officials and those private individuals acting as ‘instrument^] or agent[s]’ of the Government.” United States v. Jarrett, 338 F.3d 339 (4th Cir.). The Fourth Amendment right to be free from unreasonable government seizures is a personal one. See Alderman v. United States, 394 U.S. 165, 174, 89 S.Ct. 961, 22 L.Ed.2d 176 (1969) (“Fourth Amendment rights are personal rights which, like some other constitutional rights, may not be vicariously asserted.”). As such, Kara is the only plaintiff who can state a Fourth Amendment claim in this matter. Plaintiffs allege that Fairfax County and Bussells conspired with Alternative House, El-Sayed, and Raphael to sever contact between Kara and her parents and to “seize and retain” Kara by deceiving Gedrich-Lenz and Lenz into believing they would provide Kara with treatment services. A person has been “seized” within the meaning of the Fourth Amendment if, in view of all the circumstances surrounding the incident, a reasonable person would believe he was not free to leave. United States v. Mendenhall, 446 U.S. 544, 554, 100 S.Ct. 1870, 64 L.Ed.2d 497 (1980). Insofar as plaintiffs allege a Fourth Amendment violation for the “no parental contact” policy-in and of itself, their claim fails because a no contact restriction does not amount to a seizure of the parents under the Fourth Amendment. Kara, however, states a Fourth Amendment claim against Alternative House, El-Sayed, Raphael, and Bussells for their denial of her request to leave Alternative House to attend Thanksgiving dinner with her family. Plaintiffs allege that Alternative House staff, following Bussells’ “no parental contact” directive, prevented Kara from leaving to attend a Thanksgiving dinner, even though Gedrich-Lenz had legal custody of Kara at the time. For § 1983 liability, the seizure in question must be unreasonable. In the context of removing a child from her home and family, a seizure is reasonable if (1) it is pursuant to a court order; (2) it is supported by probable cause; or (3) it is justified by exigent circumstances, meaning that state officers “‘have reason to believe that life or limb is in immediate jeopardy.’” Brokaw v. Mercer County, 235 F.3d 1000, 1010 (7th Cir.2000) (internal citations omitted). There was no court order in effect at the time Kara’s request to attend Thanksgiving dinner was denied. As discussed earlier, however, El-Sayed and Raphael in their unrefuted affidavits submitted in support of their motion for summary judgment state that Kara told them she was sexually abused by her stepfather — a fact that independently gives Alternative House reasonable grounds to check with Bussells and deny Kara’s request to attend Thanksgiving dinner. As a result, the Alternative House defendants are entitled to summary judgment on plaintiffs’ Fourth Amendment claim. Plaintiffs Fourth Amendment claim against Bussells, however, survives. Bussells was allegedly instrumental in causing Kara’s seizure. Through the “no parental contact” restriction she allegedly put in place, Bussells set in motion a series of events that she knew or reasonably should have known would cause Alternative House to deprive Kara of her constitutional rights. See Morris v. Dearborne, 181 F.3d 657, 672 (5th Cir.1999) (“[T]he requisite causal connection is satisfied if the defendant set in motion a series of events that the defendant knew or reasonably should have known would cause others to deprive the plaintiff of her constitutional rights.”). Bussells was not acting pursuant to a court order at the time, and plaintiffs allege that she had no reason to believe Kara was sexually abused by Lenz and in fact knew Kara suffered abuse. Plaintiffs further state a valid Fourth Amendment claim against Bussells and' Spell for their removal of Kara from Gedrich Lenz’s custody on December 8, 2000 on the premise that Kara had been abused and neglected, despite their alleged knowledge to the contrary. If plaintiffs allegations are true, Bussells and Spell’s removal of Kara was unauthorized because it was not supported by probable cause or justified by exigent circumstances. As discussed earlier, however, Bussells and Spell are absolutely immune from suit with respect to their actions in seeking emergency removal of Kara and hence this claim cannot go forward. See supra Section C.l(a). 2. Reed-Hall, Sullivan, Harrold, Di-Pinto, AFGC, Farge, Piedmont, Beavers, Stickley, and Villeneuve Plaintiffs fail to state a Fourth Amendment claim against any defendants for the “no parental contact” restriction in place, or Kara’s confinement, from December 8, 2000 until February 21, 2001, because Fairfax County had legal custody of Kara during this period. On December 14, 2000, Gedrich-Lenz entered into an agreed order with the County, granting temporary custody of Kara to Fairfax County. Accordingly, all placements occurring after the December 14, 2000 consent order were made pursuant to Virginia law and DFS and its staff were authorized to determine appropriate residential placements, visitation, and medical care for Kara. See Va.Code § 16.1-228 (defining “legal custody”). To sum up, then, Kara states a valid § 1988 Fourth Amendment claim against Bussells for the denial of her request to leave Alternative House to attend Thanksgiving dinner with her family. Alternative House, El-Sayed, and Raphael, however, are entitled to summary judgment on this claim. Finally, while plaintiffs also state a § 1988 Fourth Amendment claim against Bussells and Spell for seeking and obtaining emergency removal of Kara. Despite their alleged knowledge that Kara was not an abused and neglected child, both Bus-sells and Spell are absolutely immune for taking these steps; therefore this claim fails. G. Rehabilitation Act of 1973 (Count V) Section 504 of the Rehabilitation Act states that No otherwise qualified individual with a disability ... shall, solely by reason of her ... disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 29 U.S.C. § 794(a). To establish a Rehabilitation Act claim, a plaintiff must prove that she was discriminated against “due to discrimination solely on the basis of the disability.” Sellers by Sellers v. School Bd. of City of Manassas, Virginia, 141 F.3d 524, 528 (4th Cir.1998). In this regard, plaintiffs allege that defendants Fairfax County, AFGC, and Piedmont deprived and conspired to deprive Kara of her “right to be placed in the least restrictive environment,” discriminated against her by not allowing her to participate in community based programs, and prevented her from deriving the benefits of certain programs and services that others similarly situated are afforded. ¶ 249, Third Amended Compl. Plaintiffs make no allegation that Kara is disabled or that her disability was the reason for any discrimination that occurred. Accordingly, plaintiffs fail to state a Rehabilitation Act claim against any defendants. H. Supervisory Liability (Count VI) Supervisory liability is “ultimately determined by pinpointing the persons in the decision-making chain whose deliberate indifference permitted the constitutional abuses to continue unchecked.” Shaw v. Stroud, 13 F.3d 791, 798 (4th Cir.1994). Typically, “this issue is ... one of fact, not law.” Id. at 799. There are three necessary elements to establish a claim of supervisory liability under § 1983: “(1) that the supervisor had actual or constructive knowledge that his subordinate was engaged in conduct that posed a ‘pervasive and unreasonable risk’ of constitutional injury to citizens like the plaintiff; (2) that the supervisor’s response to that knowledge was so inadequate as to show ‘deliberate indifference to or tacit authorization of the alleged offensive practices’; (3) that there was an ‘affirmative causal link’ between the supervisor’s inaction and the particular constitutional injury suffered by the plaintiff.” Id. Plaintiffs allege that defendants Fairfax County, Paige, Fowler, Sullivan, Spell, and Harrold “routinely failed to act or intervene” despite plaintiffs’ requests that they discipline their subordinates for their allegedly “unlawful and unconstitutional conduct” and that these defendants “ignored and refused to investigate” this conduct. ¶254, Third Amended Compl. As discussed earlier, plaintiffs fail to state any valid constitutional claims for acts arising from DFS’s placement decisions after December 11, 2000 — the date Fairfax County assumed legal custody over Kara. As a result, plaintiffs fail to state supervisory liability claims against Fowler, the program manager of the Foster Care Division, or Sullivan, a supervisor in the Foster Care Division, because their involvement in the case occurred after the transfer of legal custody to the County. While plaintiffs allege that Spell, a CPS supervisor, along with Bussells, decided to take emergency custody of Kara on December 8, 2000, they make no allegation that prior to that date, Bussells was engaging in a pattern of egregious behavior posing a risk of a constitutional violation such that Spell could fairly be described as “deliberately indifferent” to that risk, or that citizens were facing a “pervasive and unreasonable risk” of constitutional violations. See Carter v. Morris, 164 F.3d 215, 221 (4th Cir.1999) (holding that evidence of only one prior incident similar to the violation alleged in the complaint was insufficient to establish supervisory liability). Finally, plaintiffs make no allegations with respect to Paige or Harrold’s role in the removal decision, nor do they make any allegation that either of them had any knowledge of Spell or Bussells’ decision to remove Kara on December 8, 2000. As a result, plaintiffs’ fail to state a supervisory liability claim against any of these defendants. I. Municipal Liability (Count VII) Municipal entities “do not enjoy absolute immunity under the Eleventh Amendment,” Weller v. Dep’t of Social Servs., 901 F.2d 387, 3