Full opinion text
MEMORANDUM AND ORDER MacLAUGHLIN, District Judge. This case is before the Court for the second time on the motions of various plaintiffs and all defendants, including for the first time Scott County, for summary judgment. This long, sordid, and troubling matter, which has bitterly divided a community, ended a prosecutorial career, turned family members against family members, and almost certainly irretrievably harmed children, must come to an end. The Court, based upon the facts and the law, has concluded that judgment should be entered in favor of all defendants in all respects. FACTS Before the Court are fourteen civil rights lawsuits which grew out of a child sexual abuse investigation in Jordan, Minnesota during 1983-84. The facts of the case are ably set forth in In re Scott County Master Docket, 618 F.Supp. 1534 (D.Minn.1985), and Myers v. Morris, 810 F.2d 1437 (8th Cir.1987), and will not be extensively repeated here. In Myers the United States Court of Appeals for the Eighth Circuit affirmed the Court’s order granting summary judgment in favor of the guardians ad litem, therapists, Jordan defendants (including Larry Norring), and the Scott County Board of Commissioners in the Myers, Rank, Lallak, Buchan, Meger, Bentz and Brown cases, and for all defendants in the Gould case. In addition, the Court directed summary judgment for County Attorney R. Kathleen Morris, Sheriff Douglas Tietz and the deputy sheriffs in these cases and for therapist DeVries in Buchan. In the interim between the Court's 1985 decision and the Eighth Circuit’s ruling in Myers several additional plaintiffs filed suit. Those cases were consolidated with existing cases for purposes of discovery and pretrial motions. The facts of these new cases are set forth below. Discovery is now complete. All defendants now move for summary judgment as to all complaints filed against them and not otherwise disposed of in Myers. NEW CASES Judy Kath Judy Kath is the mother of V. Kath, one of the children who initially identified James Rud as a child abuser. Judy Kath was identified as a suspect in interviews conducted with Marlene Germundson and Germundson’s twin daughters. The statements of Marlene Germundson corroborated information furnished in interviews with V. Kath, who described sexual activities between children and adults at the Rud residence. A criminal complaint charging Judy Kath with multiple counts of child sexual abuse issued November 14, 1983. Kath was arrested on that date. A second complaint against Kath issued November 16, 1983 based upon incriminating information furnished by V. Kath in a November 15, 1983 interview. Each of the Kath complaints was reviewed by a state court judge who found probable cause for the issuance of arrest warrants. On the date of Kath’s arrest, V. Kath was taken into protective custody. A neglect petition was filed in family court November 17,1983, and at the conclusion of a hearing conducted on that date the court ordered that legal custody of V. Kath be vested in the Scott County Human Services Department. V. Kath's biological father was given custody for a period of time, but was later relieved of custody at his request. As with the other Scott County defendants, charges against Judy Kath were dropped by the county attorney October 15, 1984. Family court proceedings continued, and ultimately the court terminated Kath’s parental rights. Kath filed suit July 8,1985, naming Morris, the Scott County Commissioners, “unnamed” Scott County agents and employees and Scott County as defendants. By stipulation of dismissal with prejudice filed January 23,1986 the Scott County Commissioners were dismissed from the suit. Marlene and Scott Germundson The Germundsons are parents of twin daughters, M. and S. Germundson. In interviews conducted with deputy Michael Busch November 10, 1983 the Germundson children furnished incriminating information which implicated Marlene Germundson. This information was corroborated by physical examinations of the Germundson children conducted November 4, 1983 by pediatrician Caroline Levitt. The physical examination revealed that both children, aged 5 at the time, had been sexually penetrated. At a November 10,1983 interview conducted at the Scott County Sheriff’s office Marlene Germundson allegedly admitted that she had knowledge of nude photographs taken of her children by James Rud at Judy Kath’s residence; that she had been present at Rud’s residence on an occasion when she “assumed” that Rud was engaged in sexual activity with her children in Rud’s bedroom; that her children had revealed to her in April or May 1983 that Rud was sexually abusing them; and that notwithstanding her knowledge of alleged sexual abuse, she continued to frequent the Rud residence with her children to the date of Rud’s arrest. Following the November 10, 1983 interview Marlene Germundson was placed under arrest. On that date the Germundson children were taken into protective custody and placed in emergency foster care. A neglect petition was filed in family court November 15, 1983. By order dated December 1, 1983 the family court assumed custody of the children and ordered psychological evaluations. By stipulation dated February 9, 1984 an adjudicatory hearing on the neglect petition was continued indefinitely and all time limitations under the juvenile court rules were waived. The matter of parental visitation was left to the children’s guardian ad litem and the psychologist in charge of evaluating the children. In September 1984 the family court granted Scott and Marlene Germundson supervised visitation at the office of the Scott County Human Services Department (HSD). Scott Germundson was first implicated as a suspected child abuser in interviews of C. Lebens and J. Olson conducted by Jordan police officer Larry Norring on February 3 and February 7, 1984. Germundson was arrested February 27, 1984 pursuant to a probable cause warrant signed by a state court judge. As with the other Scott County defendants, all charges against the Germundsons were dismissed October 15, 1984. Scott Germundson filed suit February 20, 1986 naming as defendants Scott County, Morris, Tietz, various deputies and social workers, the Scott County HSD, Larry Norring and a psychologist who treated his children. Germundson’s claims against the psychologist were subsequently dismissed by stipulation. Marlene Germundson filed suit March 4, 1987 naming twenty-three defendants, including the Scott County Attorney’s office, Sheriff’s department, Morris, Tietz, various deputies and social workers. By stipulation dated June 24, 1987 plaintiffs dismissed with prejudice all claims asserted against Joel Kaufman and Joan Dickinson, therapists who counseled the children. Irene Meisinger Irene Meisinger is the mother of J.M. and J.R.H. Meisinger. In separate interviews conducted November 17 and November 26, 1983 Meisinger was identified as a child abuse suspect by J.M. and J.R.H. Meisinger, V. Kath and S. Krahl. On the basis of these allegations the Meisinger children were taken into protective custody and on November 23, 1983 a neglect petition was filed. A custody hearing was conducted November 30, 1983 on which date the family court directed the continued placement of the Meisinger children in foster care while assuming custody of the children. Irene Meisinger was ordered not to have contact with the children. On November 30, 1983 Irene Meisinger was arrested and charged with twelve counts of criminal sexual conduct in the first and second degree. Meisinger’s arrest followed a state court judge’s determination that probable cause for arrest had been demonstrated. As with the other Scott County defendants, all charges against Meisinger were dismissed October 15,1984. The Meisinger children were returned to the custody of Irene Meisinger in March 1985 pursuant to order of the family court dated February 25, 1985. Irene Meisinger filed suit May 10, 1985 naming Scott County, Morris, the Scott County Sheriff’s Department, Tietz, Nor-ring, various deputies, HSD and various social workers as defendants. Meisinger has stipulated to dismissal of the Sheriff’s Department as a defendant. Terry Morgenson Terry Morgenson is an employee in the Scott County Assessor’s office. Morgenson was first implicated as a suspected child abuser in interviews of A.M. and A.N. Myers conducted May 30, and June 4,1984. Morgenson was arrested June 4, 1984 and charged with two counts of criminal sexual misconduct. The arrest of Morgenson was a probable cause arrest effectuated without the benefit of a warrant by agent Patrick Shannon of the Minnesota Bureau of Criminal Apprehension. As with the other Scott County defendants, all charges against Morgenson were dismissed October 15, 1984. Morgenson filed suit February 20, 1986 naming the Scott County Attorney’s office and Sheriff’s Department, Morris, Tietz and various deputies and social workers as defendants. By stipulation dated July 2, 1986 psychologists named as defendants in the complaint were dismissed from the case. Coralene and Robert Rawson Robert and Coralene Rawson are parents of four grown children who are not the subject of these lawsuits or otherwise implicated in this matter. The Rawsons also have an adoptive daughter, S. Rawson, whose biological mother is Coralene Raw-son’s sister. Robert Rawson was first implicated as a suspected child abuser in interviews of V. Arendsee and V. Kath conducted November 23, 1983. V. Arendsee (daughter of Judy Kath) claimed that Raw-son had sexually abused her at least twenty times dating to 1979. V. Kath claimed that Rawson had abused her at least seven times during that period. Rawson was arrested November 22, 1983 and charged with criminal sexual conduct in the first degree. Subsequently, in a March 6, 1983 interview conducted by detective Patrick Shannon of the Minnesota Bureau of Criminal Apprehension, S. Krahl identified Robert Rawson as a suspected child abuser. Additional charges against Rawson were filed March 19, 1984 based on these allegations. Thereafter, S. Rawson, V. Kath and Robert Kath, 18-year-old son of Judy Kath, implicated Rawson in claims of child sexual abuse. Additional charges against Robert Rawson were filed and Rawson was arrested March 30, 1984 based on the allegations of S. Rawson and V. Kath and Robert Kath. In an interview conducted March 26, 1983 S. Rawson identified her adoptive mother, Coralene Rawson, as an adult who had participated in acts of child sexual abuse. V. Kath likewise made statements which implicated Coralene Rawson. Allegations against the Rawsons were corroborated in part by physical evidence recovered from the Kath residence, including miniature bowling pins, and candles contaminated with human feces, and by a physical examination of S. Rawson conducted March 26 and 29, 1984 by Dr. Barry Bershow, which was partially confirmatory of sexual abuse. S. Rawson was taken into protective custody March 22, 1984 and placed in emergency foster care. A neglect petition was filed March 26, 1984. By order Dated March 28, 1984 the family court assumed immediate custody of S. Rawson with a finding that there was probable cause that a juvenile protection matter existed and that the release of S. Rawson would endanger her health and welfare. The court continued S. Rawson’s foster care placement following a placement review hearing on April 11, 1984. By order dated September 24, 1984 following an eleven-day trial, the court found that S. Rawson had been sexually abused and was neglected. The court’s findings were vacated November 9, 1984 following S. Rawson’s recantation of her trial testimony. Following a second trial, by order dated April 22, 1986 the court again found S. Rawson dependent and neglected and her placement in foster care was continued. This decision was overturned by the Minnesota Court of Appeals on other grounds. See In the Matter of the Welfare of S.N.T.R., 403 N.W.2d 293, 297 (Minn.App.1987). A new petition was subsequently filed and S. Rawson remains in foster care. As with the other Scott County defendants, all charges against the Rawsons were dropped October 15, 1984. Coralene Rawson filed suit October 18, 1985, naming Scott County, the Scott County HSD, Morris, Tietz, various deputies and social workers, and the Minnesota Attorney General as defendants. Robert Rawson filed suit November 1, 1985, naming Scott County, the Scott County HSD, Morris, Tietz and various social workers and deputies as defendants. DISCUSSION A. Social Workers Various employees of the Scott County Human Services Department (HSD) are named as defendants in these actions (hereinafter “social workers”). Doris Wilker, a social worker with the Scott County HSD since 1981, is named in the Bentz, Brown, Germundson, Meger, Meisinger and Myers actions. Margaret Subby, former director of the Scott County HSD, is named in the Bentz, Brown, Buchan, Germundson, Meger, Myers and Morgenson actions. Mary Tafs, a child protection worker with the HSD, is named in the Buchan, Germundson, and Meisinger actions; Rachel Paff, a child protection worker with the HSD, in the Lallak action; Judy Dean, a child protection worker with the HSD, in the Buchan action; Karen Kandik, supervisor of the central intake unit for the Scott County HSD, in the Germundson action; and James Poulos, a child protection worker at the Scott County HSD, in the Meisinger action. HSD involvement in the Scott County investigation dates. to October 1983. At that time Kathleen Morris requested that social workers assist in the questioning of child victim-witnesses and accompany deputies when arrests were made to assist in the removal of children from the homes. Social workers occasionally signed neglect petitions which resulted in the initiation of neglect-dependency proceedings. Additionally, on at least some occasions social workers actively intervened in questioning of child victim-witnesses, either to reassure or comfort the child or to assist the interrogating officer in eliciting information from the child. In general, plaintiffs allege that the social workers acted in derogation of their fourteenth amendment liberty interests, by causing or contributing to initial and continuing separation of parents from children; by failing to reunite families and failing to assist parents whose children had been taken from them; and by aiding law enforcement officers in the fabrication of false evidence and the deception of judicial officers. The social workers now move for summary judgment as to all claims against them. 1. Due Process The fourteenth amendment provides that no state shall deprive any person of life, liberty or property without due process of law. U.S. CONST. Amend. XIV; Lehr v. Robertson, 463 U.S. 248, 103 S.Ct. 2985, 2990, 77 L.Ed.2d 614 (1983). It is undisputed that parents have a fundamental liberty interest in the care, custody, and management of their children. Fitzgerald v. Williamson, 787 F.2d 403, 407 (8th Cir.1986); Ruffalo by Ruffalo v. Civiletti, 702 F.2d 710, 715 (8th Cir.1983); Santosky v. Kramer, 455 U.S. 745, 753, 102 S.Ct. 1388, 1394, 71 L.Ed.2d 599 (1982); Stanley v. Illinois, 405 U.S. 645, 651, 92 S.Ct. 1208, 1212, 31 L.Ed.2d 551 (1972). This right is not absolute, however. Compelling public necessity can justify its termination if proper procedures are followed. Ruffalo, 702 F.2d at 715. In this case, plaintiffs claim that substantive and procedural due process as guaranteed by the fifth and fourteenth amendments has been denied them, due to state-sponsored disruption of the family unit. Because plaintiffs’ due process claims against the social workers are without merit, summary judgment for defendants will be granted. (a) Substantive Due Process The substantive component of the due process clause “bar[s] certain government actions regardless of the fairness of the procedures used to implement them ... [and thereby] serves to prevent governmental power from being ‘used for purposes of oppression.’ ” Daniels v. Williams, 474 U.S. 327, 106 S.Ct. 662, 665, 88 L.Ed.2d 662 (1986), quoting Murray’s Lessee v. Hoboken Land & Improvement Co., 18 How. (59 U.S.) 272, 277, 15 L.Ed. 372 (1856); quoted in Fitzgerald, 787 F.2d at 407. Because due process of law, as a “ ‘historic and generative principle, precludes defining,’ there are no precise standards for determining what governmental actions are proscribed by substantive due process.” Fitzgerald, 787 F.2d at 408, quoting Rochin v. California, 342 U.S. 165, 173, 72 S.Ct. 205, 210, 96 L.Ed. 183 (1952). “[D]ue process is not a technical conception with a fixed content unrelated to time, place and circumstances____ Rather, the phrase expresses the requirement of ‘fundamental fairness’____ Applying the Due Process Clause is therefore an uncertain enterprise which must discover what ‘fundamental fairness’ consists of in a particular situation.” Lassiter v. Depart- merit of Social Services of Durham County, North Carolina, 452 U.S. 18, 24-25, 101 S.Ct. 2153, 2158-2159, 68 L.Ed.2d 640 (1981). In determining whether a substantive right protected by the due process clause has been violated, it is necessary to balance “the liberty of the individual” and “the demands of an organized society.” Youngberg v. Romeo, 457 U.S. 307, 320, 102 S.Ct. 2452, 2460, 73 L.Ed.2d 28 (1982). In seeking this balance, the Court must weigh “the individual’s interest in liberty against the State’s asserted reasons for restraining individual liberty.” Youngberg, 457 U.S. at 320, 102 S.Ct. at 2460. The interests of the various plaintiffs in preserving and maintaining their family units are among the strongest recognized in law. “[A] parent’s interest in the custody of his or her child is among the most basic and fundamental of the liberties protected by the Constitution.” Davis v. Page, 618 F.2d 374, 379 (5th Cir.1980). The constitutional interest “in the development of parental and filial bonds free from government interference has many avatars____ [A]bove all, it is manifested in the reciprocal rights of parent and child to one another’s ‘companionship.’ ” Franz v. United States, 707 F.2d 582, 595, addendum at 712 F.2d 1428 (D.C.Cir.1983). As stated by the Eighth Circuit in Bohn v. County of Dakota, 772 F.2d 1433, 1435 (8th Cir.1985) cert. denied, 475 U.S. 1074, 106 S.Ct. 1192, 89 L.Ed.2d 307 (1986), “The privacy and autonomy of familial relationships ... are unarguably among the protectible interests which due process protects. We can conceive of no more important relationship, no more basic bond in American society, than the tie between parent and child.” Bohn, 772 F.2d at 1435. Balanced against the individual interest in the privacy and autonomy of familial relationships is the state’s interest in the welfare and protection of children. “It cannot seriously be disputed that the state seeks to further a legitimate state interest when it sets out to protect the welfare of its citizens of tender age.” Alsager v. District Court of Polk County, Iowa, 406 F.Supp. 10, 22 (S.D.Ia.1975), aff'd, 545 F.2d 1137 (8th Cir.1976). The state has an “urgent interest” in the welfare of the child. Lassiter, 452 U.S. at 27, 101 S.Ct. at 2159. Indeed, as the Supreme Court recognized in Stanley v. Illinois, 405 U.S. 645, 649, 92 S.Ct. 1208, 1211, 31 L.Ed.2d 551 (1972), the state has the “right” and the “duty” to protect minor children. Alsager, 406 F.Supp. at 22; Prince v. Massachusetts, 321 U.S. 158, 166, 64 S.Ct. 438, 442, 88 L.Ed. 645 (1944). Of course, the fundamental liberty interest of natural parents in the care, custody, and management of their children does not evaporate simply because they have not been model parents or have lost temporary custody of their child to the state. Santosky, 455 U.S. at 753, 102 S.Ct. at 1395. “Even when blood relationships are strained, parents retain a vital interest in preventing the irretrievable destruction of their family life.” Santosky, 455 U.S. at 753, 102 S.Ct. at 1394. In balancing the interests of the individual and of the state, the contours of substantive due process “are ordinarily to be sought ... in intrinsic human rights, as they have been understood in ‘this Nation’s history and tradition.’ ” Bohn, 772 F.2d at 1436, quoting Moore v. City of East Cleveland, Ohio, 431 U.S. 494, 503, 97 S.Ct. 1932, 1938, 52 L.Ed.2d 531 (1977). In this case, plaintiffs allege that the HSD and individual social workers contravened their rights to substantive due process by causing or contributing to the initial and continuing separation of children from their parents, developing allegedly false accusations of child sexual abuse against adult plaintiffs, failing to adhere to various state statutes and regulations in connection with child foster care, failing to properly investigate reports of child abuse, and failing to provide certain services to the parents and children. As to the plaintiffs’ allegations that the social workers caused or contributed to the arrest of plaintiffs and the initial and continuing separation of parents from children, at this stage of the litigation, following full and fair discovery, it is now apparent that plaintiffs simply cannot prove that the social workers “caused” these alleged constitutional deprivations. As the Court noted in its 1985 Memorandum and Order, the sole role played by these defendants in the arrest of plaintiffs and removal of children from plaintiffs’ homes was to participate in questioning of the children and to be on hand when children were removed from the home. The final decision to arrest, and the final decision to remove children from a particular home, were made by others. A section 1983 damages action is in essence a tort damages action. A plaintiff seeking tort damages cannot withstand summary judgment if he is unable to satisfy the essential elements of a tort cause of action, 1. e., causation and damages. Lossman v. Pekarske, 707 F.2d 288, 290 (7th Cir.1983). In order to succeed on their claims against the social workers, plaintiffs must allege and prove that the alleged denial of substantive due process was “a necessary condition, or ‘but for’ cause, of thé separation of children [from their parents] on which the claim for damages is based.” Loss-man, 707 F.2d at 291. It must also be shown that the act was taken pursuant to the custom, i.e., that the municipal custom was the “moving force” of the constitutional violation. Harris v. City of Pagedale, 821 F.2d 499 (8th Cir.1987). Because the decision to arrest plaintiffs and to separate children from parents was made by others, with only very minimal input, if any at all, from the social workers, plaintiffs simply cannot satisfy this “but for” precondition. Even if it is assumed that the HSD and social workers did play a role in deciding to arrest and separate, plaintiffs’ allegations still do not rise to the level of a substantive due process deprivation. In striking the substantive due process balance, the question “is not simply whether a liberty interest has been infringed but whether the extent or nature of the [infringement] ... is such as to violate due process.” Youngberg, 457 U.S. at 320, 102 S.Ct. at 246. It is a question of degree. In general, substantive due process “is concerned with violations of personal rights ... so severe ... so disproportionate to the need presented, and ... so inspired by malice or sadism rather than a merely careless or unwise excess of zeal that it amounted to a brutal and inhumane abuse of official power literally shocking to the conscience.” Hall v. Tawney, 621 F.2d 607, 613 (4th Cir.1980); citing Johnson v. Glick, 481 F.2d 1028, 1033 (2d Cir.1973). Among the rights given protection under the rubric of substantive due process is “the right to be free of state intrusions ... through means so brutal, demeaning, and harmful as literally to shock the conscience of a court.” Hall, 621 F.2d at 613. Weighed in the balance against the state’s “urgent” interest in the welfare of the children, the Court finds that plaintiffs’ claims, taken as true for purposes of this summary judgment motion, simply do not rise to the level of justiciable substantive due process claims. The individual interests of the plaintiffs, although strong, are more than counterbalanced by the state’s compelling interest. The social workers simply assisted law enforcement officials by taking part in questioning and tending to the details of child foster care placement. Under the circumstances, the actions taken by social workers, although inarguably disruptive to the family units of the various plaintiffs, were motivated by compassion for the children and are in no way indicative of an “abuse of official power which shocks the conscience.” This conclusion is supported by the Eighth Circuit’s decision in Fitzgerald. In Fitzgerald plaintiff brought suit against various defendants contending that they contravened her right to substantive due process by causing her relationship with her child to be terminated. The Eighth Circuit granted defendants’ motion for summary judgment as to plaintiffs’ substantive due process claim, finding that “defendants’ conduct in this case does not rise to the level of a substantive due process violation.” Fitzgerald, 787 F.2d at 408. The court explained its ruling in the following terms: Our conclusion follows from the fact that it does not shock our conscience or otherwise offend our judicial notions of fairness to hear that caseworkers responsible for an allegedly abused child arranged for the child to be examined by a psychologist and, after receiving confirmation of child abuse, reduced the parents’ visitation rights and permitted the child to remain with her foster parent when the foster parent moved out of the parents’ geographical area. Fitzgerald, 787 F.2d at 408; Significantly, the court made this finding despite “tak[ing] as true” plaintiffs’ allegations that the defendants “wanted to terminate the [plaintiffs’] relationship with their daughter and committed [the alleged acts] with this goal in mind.” Fitzgerald, 787 F.2d at 408. In Gibson v. Merced County Department of Human Services, 799 F.2d 582 (9th Cir.1986), a foster child and her foster parents brought an action against a county agency which had caused the child to be removed from the foster home, alleging, inter alia, violation of the child’s substantive due process rights based on social service officials’ deliberate indifference to her serious medical needs. The Ninth Circuit granted summary judgment for the county as to plaintiffs’ substantive due process claim, on the ground that plaintiffs had “failed to present any specific facts which would cast doubt on the Department’s assertion and extensive supporting materials showing that they were acting in [the child’s] best long term interests in removing her from the ... home.” Gibson, 799 F.2d at 590. Because the removal decision could not “be said to be arbitrary” in light of all facts and circumstances of the case the court found plaintiffs’ substantive due process claim to be without foundation. Gibson, 799 F.2d at 590. As stated by the court: As it turned out, the Department’s decision to remove [the child] from the ... home was infelicitous. However, hindsight alone is not enough to establish a constitutional violation. We must examine the officials’ actions in the context in which they occurred____ In this case, the steps taken by the Department were entirely reasonable in light of the circumstances ____ Gibson, 799 F.2d at 590. Viewing defendants’ actions “in the context in which they occurred,” it cannot be said that the decision to separate children from their parents in the instant cases was either arbitrary or unreasonable. Although removal of a child from his or her home is “inevitably traumatic,” it is clear that defendants herein were motivated solely by sincere compassion for children reasonably suspected to be victims of abuse, and that the disruption of plaintiffs’ familial units, although in some cases “infelicitous,” was undertaken with the long-term interests of the children firmly in view. “[Hindsight alone is not enough to establish a constitutional violation.” Gibson, 799 F.2d at 590. Plaintiffs have not shown that defendants’ conduct was “inspired by malice or sadism” or that it “amounted to a brutal and inhumane abuse of official power literally shocking to the conscience.” Quite to the contrary, the Court’s thorough review of the record leads it to conclude that although tainted in some respects by an “unwise excess of zeal” defendants’ act of removing children reasonably suspected of being abused was reasonable and does not rise to the level of a substantive due process deprivation. Further, defendants exercised professional judgment throughout the investigation. In Youngberg the Supreme Court suggested that the appropriate substantive due process balance may be struck by examining the conduct of state actors in light of “accepted professional judgment.” Youngberg, 457 U.S. at 323, 102 S.Ct. at 2462. Youngberg was a case concerning state treatment of involuntarily committed mentally retarded persons. In Youngberg plaintiff alleged that he had been denied his constitutional rights to safe conditions of confinement, freedom from bodily restraint, and rehabilitative training. In weighing plaintiff’s substantive due process claims, the Youngberg Court assessed the reasonableness of defendants’ conduct in light of professional norms, ruling that “liability may be imposed only when the decision by the professional is such a substantial departure from accepted professional judgment, practice, or standards as to demonstrate that the person responsible actually did not base the decision on such a judgment.” Youngberg, 457 U.S. at 323, 102 S.Ct. at 2462. The Court reasoned: We think the standard ... affords the necessary guidance and reflects the proper balance between the legitimate interests of the State and the rights of the [individuals]____ “[T]he Constitution only requires that the courts make certain that professional judgment in fact was exercised. It is not appropriate for the courts to specify which of several professionally acceptable choices should have been made.” Youngberg, 457 U.S. at 321, 102 S.Ct. at 2461, quoting Romeo v. Youngberg, 644 F.2d 147, 178 (3d Cir.1980) (Seitz, J., dissenting). The Court further added that “the decision, if made by a professional, is presumptively valid.” Youngberg, 457 U.S. at 323, 102 S.Ct. at 2462 (footnote omitted). Here, there is no evidence that the social workers departed from “accepted professional judgment, practice, or standards.” Responding to a request by the county attorney, social workers attended child interviews, and when a decision to remove a child from a home had been made, social workers accompanied police officers and arranged for emergency care. This conduct on the part of the social workers is presumptively valid, and plaintiffs have not offered any proof which would rebut that presumption. The record supports a finding that the social workers cleaved to professional standards throughout the investigation. Here, as in Youngberg, “there certainly is no reason to think judges or juries are better qualified than appropriate professionals in making such decisions.” Youngberg, 457 U.S. at 323, 102 S.Ct. at 2462. In Gibson the United States Court of Appeals for the Ninth Circuit noted that “officials’ actions” must be examined “in the context in which they occurred. Moreover, we must be mindful that ‘courts must show deference to the judgment exercised by a qualified professional.’ ” Gibson, 799 F.2d at 590. Because the defendants did not depart from accepted professional judgment, practice or standards, plaintiffs’ substantive due process claims against them will be dismissed. (b) Procedural Due Process Plaintiffs also claim that they were denied procedural due process, in contravention of the fifth and fourteenth amendments. An individual is not entitled to constitutional protection under the due process clause unless that party can demonstrate that: (a) there has been a deprivation of liberty or property in the constitutional sense; and (b) the procedures used by the state to effect this deprivation were constitutionally inadequate. Rivera v. Marcus, 696 F.2d 1016, 1022 (2d Cir.1982). The procedural protections guaranteed by the fifth and fourteenth amendments “are triggered by the existence of a protectible liberty or property interest. Thus, the process that is due depends upon the nature of the interest at stake.” Bohn, 772 F.2d at 1435. In resolving such issues, the Eighth Circuit in Bohn directed the courts to engage in a two-step analysis. First, the Court must determine whether plaintiffs have identified a protectible interest. Plaintiffs have surmounted that barrier in this matter, as discussed above. Second, the Court must “examine the established procedures to determine whether they satisfy constitutional standards.” Bohn, 772 F.2d at 1435. In determining the quantum of process due in a given context the courts have looked to the three factors specified in Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18 (1976): First, the private interest that will be affected by the initial action; second, the risk of an erroneous deprivation of such interest through the procedures used, and the probable value, if any, of additional or substitute procedural safeguards; and finally, the Government’s interest, including the function involved and the fiscal administrative burden that the additional or substitute procedural requirement would entail. See Bohn, 772 F.2d at 1436. The private interest at stake in these cases is the plaintiffs’ interests in preservation of the respective familial units. These are potent interests entitled to great deference, as discussed above. The state’s interest — that of protecting children reasonably suspected of being abused — is also of signal importance. Plaintiffs claim they were deprived of procedural due process in that their children were taken from them without notice and hearing. While acknowledging that plaintiffs’ children were removed in a summary manner, defendants point out that plaintiffs were entitled to and did avail themselves of significant post-deprivation remedies, which in toto negate any constitutional harm of which plaintiffs complain. The Court concludes that defendants are correct, and that the post-deprivation remedies afforded plaintiffs were sufficient to satisfy procedural due process. Procedural due process fundamentally requires that an aggrieved party be provided with an opportunity to be heard at a meaningful time and in a meaningful manner. Mathews, 424 U.S. at 333, 96 S.Ct. at 901; Rivera, 696 F.2d at 1027. In some circumstances, postdeprivation remedies provided by state law and regulations may be sufficient to satisfy the strictures of procedural due process, notwithstanding that the deprivation of liberty or property took place without the benefit of notice and hearing. In a child removal context, post-deprivation remedies may be particularly appropriate. For example, in Fitzgerald plaintiffs claimed denial of procedural due process based on the state’s act of terminating their parental relationship with their child. The state determined to place the child with a foster parent without the benefit of an administrative hearing and reduced the parents’ visitation rights without obtaining prior juvenile court approval. While recognizing that plaintiffs had a liberty interest in the “care, custody, and management of their child,” and that the state had failed to provide the plaintiffs with a hearing prior to reducing their visitation rights and prior to permitting the child to remain with her foster parent, the Eighth Circuit found that, because state law “provides adequate protection for the parental interests implicated by such decisions,” plaintiffs’ “procedural due process rights were not violated by the [State’s] visitation and placement decisions.” Fitzgerald, 787 F.2d at 408. The court’s decision was based primarily on the fact that state law provided an adequate postdeprivation remedy, i.e., the parents had the ongoing opportunity to “petition the juvenile court for modification of custody orders at any time.” Fitzgerald, 787 F.2d at 408. Balancing the Mathews v. Eldridge factors, the court determined that this post-deprivation remedy was the quantum of process due the plaintiffs under the circumstances and that, accordingly, there was no constitutional deprivation. Similarly, in Bohn v. County of Dakota, the Eighth Circuit found that plaintiffs had suffered no deprivation of procedural due process, notwithstanding that they had been “identified as suspected child abusers” without notice or hearing. The court found that “ex post procedures” available to plaintiffs were “fully adequate” to test the veracity of the county’s finding. Bohn, 772 F.2d at 1438. The Bohn court, in an opinion written by Judge Heaney, reasoned that: Moreover, the ex post procedures for review are fully adequate to test the veracity of the County department’s finding in that these procedures substantially incorporate truth-testing measures long approved by our legal system. We note that ex post procedures have previously been approved by the courts in cases which bear comparison with the case at bar. Thus, the Second Circuit recently declared, “Where a pre-deprivation hearing is impractical and a post-deprivation hearing is meaningful, the State satisfies its constitutional obligation by providing the latter.” Giglio v. Dunn, 732 F.2d 1133, 1135 (2d Cir.1984), cert. denied, [469 U.S. 932], 105 S.Ct. 328, 83 L.Ed.2d 265 (1984). In cases which require fast action to protect the interests of children, e.g., Duchesne v. Sugarman, 566 F.2d 817, 826 (2d Cir.1977), or where an ex ante intervention by the state was based on a generally reliable ex ante finding, see Barry v. Barchi, 443 U.S. 55, 64-65, 99 S.Ct. 2642, 2649, 61 L.Ed.2d 365 (1979), such procedures have been upheld____ In addition, we believe that the interjection of fuller procedural protections at an earlier state in the process would be unduly time-consuming and cumbersome, and might well reduce important protections which the state legislature designed for otherwise vulnerable children. Bohn, 772 F.2d at 1438-39. In the context of suspected child abuse, the “fundamental interest of the parents ... and the possibility of an erroneous adjudication of dependency [or abuse] must be balanced against any interest that the state may have in conducting summary proceedings ... to protect the health and welfare of the child.” Davis, 618 F.2d at 381. There is no denial of procedural due process if the state provides reasonable post-deprivation remedies for preventing families from being arbitrarily broken up by local officers. Ellis v. Hamilton, 669 F.2d 510, 515 (7th Cir.), cert. denied, 459 U.S. 1069, 103 S.Ct. 488, 74 L.Ed.2d 631 (1982). Where the state has a procedure for a prompt, adversary postdeprivation hearing in a child custody matter and the hearing is held and establishes that the state officers acted prudently in removing the child from the parents’ custody without a prior hearing, that finding extinguishes any claim that the failure to hold a pre-deprivation hearing was a denial of due process. Lossman, 707 F.2d at 292. In general, when a child’s safety is threatened, that is “justification enough for action first and hearing afterward.” Loss-man, 707 F.2d at 291. As Judge Heaney stated most eloquently in Bohn: Third, we consider the government’s interests, including the burdens imposed by additional procedural protections. The government has a strong interest in protecting powerless children who have not attained their age of majority but may be subject to abuse or neglect. To the extent that pre-investigation procedural protection might delay or frustrate the protection of these children, we believe the government’s interest might be impaired. In addition, although the pecuniary cost of such additional protection might not be great, to the extent that it would be duplicative of ex post procedures we have discussed at length, whatever cost would be entailed would be wasteful. Bohn, 772 F.2d at 1439. In sum, the Court finds that plaintiffs have suffered no deprivation of substantive or procedural due process. Accordingly, defendants’ motion for summary judgment as to plaintiffs’ substantive and procedural due process claims will be granted. 2. Qualified Immunity The social workers also move for summary judgment on the basis of qualified immunity. In Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982), the Supreme Court held that “government officials performing discretionary functions, generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow, 457 U.S. at 818, 102 S.Ct. at 2738. The doctrine of qualified immunity involves a delicate balancing of the rights of citizens to obtain redress for wrongs committed by public officials and the need to assure that public officials will perform their assigned duties unfettered by the prospect of being subjected to the costs of defense and the consequences of a damages award for acts done in the course of official duties. Allred v. Svarczkopf, 573 F.2d 1146 (10th Cir.1978). Qualified immunity exists to protect public officers from liability for the exercise of discretion in performing a public duty; it reflects a decision that the public is better served by public officials who will not be deterred by fear of liability from executing the office with an independent and decisive judgment. Fowler v. Cross, 635 F.2d 476 (5th Cir.1981). In order to determine the scope of the qualified immunity defense in a given context, the Court must “focus on the specific nature of the conduct complained of and the state of the law with respect to the identified conduct at the time the official acted.” Myers, 810 F.2d at 1459 n. 16. “In order to determine whether a defendant has violated a plaintiff’s clearly established rights, [it is] necessary to make two inquiries ... (1) which particular act or omission of the defendant violated the plaintiff’s federal rights, and (2) whether governing case or statutory law would have given a reasonable official cause to know, at the time of the relevant events, that those acts or omissions violated the plaintiff’s rights.” Davis v. Scherer, 468 U.S. 183, 104 S.Ct. 3012, 82 L.Ed.2d 139 (1984) (Brennan, J., concurring in part and dissenting in part), cited in Myers, 810 F.2d at 1459 n. 16. Here, plaintiffs have identified a number of particular acts or omissions which they allege to have violated their “clearly established rights”: interrogation of children for an improper purpose and an improper manner; causing or contributing to the initial and continuing separation of children from parents; and developing accusations against the adult plaintiffs in reckless disregard of the truth. Plaintiffs further allege that the HSD defendants contravened various state statutes and regulations in their handling of these matters. Defendants convincingly argue that even accepting that defendants are guilty of some or all of these acts and/or omissions, qualified immunity protects them from a civil suit for damages, in that the rights allegedly contravened were not “clearly established.” The Court finds defendants’ arguments to be the more persuasive. With respect to allegations that the social workers improperly questioned child witnesses, “[i]mmunity is forfeited for the questioning function upon at least a preliminary showing that the interrogation so exceeded clearly established legal norms for this function that reasonable persons in the [social workers’] position would have known their conduct was illegal.” Myers, 810 F.2d at 1460, citing Kompare v. Stein, 801 F.2d 883, 887 (7th Cir.1986). In Myers the Eighth Circuit found that because the “standards for the interrogation of juvenile witnesses and victims, particularly in the area of sexual abuse” were not clearly established in 1984, deputy sheriffs who participated in the questioning were protected by qualified immunity. Myers, 810 F.2d at 1461. This reasoning applies with even greater force to the social workers, whose role in the questioning was peripheral at best. The social workers are protected by qualified immunity from allegations that they improperly questioned child witnesses. With respect to allegations that the social workers caused or contributed to initial and continued separation of children from parents (and completely apart from the fact plaintiffs cannot establish “but for” causation, since the removal decision was made by others), as stated by the Eighth Circuit in Myers, “[t]he issue for immunity purposes ... is whether the members of the plaintiffs’ family units had a clearly established right to remain together prior to any initiation of charges of intrafamilial abuse.” Myers, 810 F.2d at 1461-62. If there was a “legitimate question” as to the legality of summarily separating children from parents then damages claims against the social workers based on such conduct are barred by qualified immunity. Myers, 810 F.2d at 1462. In Myers, the Eighth Circuit expressly concluded that, because the parameters of plaintiffs’ liberty interest in maintenance of the family unit are ascertainable only by balancing the interests of the parents and children against those of the state, the right allegedly infringed by defendants was not “clearly established.” As stated by the court: In our view, the parental liberty interest in keeping the family unit intact is not a clearly established right in the context of reasonable suspicion that parents may be abusing children. If law enforcement personnel who have at least arguable probable cause to believe that adults have been molesting children are not entitled to reasonable belief that the adults may pose a danger to their own children, then the law was (and is) not clearly established on this point. There is certainly no available legal precedent to this effect. Myers, 810 F.2d at 1463. This reasoning is fully applicable to the social workers, whose role in initiating child removal was peripheral at best. The social workers are protected by principles of qualified immunity from allegations that they contravened plaintiffs’ liberty interests by causing or contributing to the initial and continuing separation of children from parents. Plaintiffs also allege that the social workers aided and abetted police officers in fabricating evidence against them and deceiving judicial officers with false and unreliable representations of alleged child sexual abuse. A similar claim was made against the deputies in the Myers appeal. The Eighth Circuit found that while qualified immunity does not protect state actors who deliberately mislead judicial officers, “a substantial preliminary showing of dishonesty is necessary to obtain even an evidentiary hearing in an attempt to impeach a warrant application which on its face reveals probable cause.” Myers, 810 F.2d at 1457. After a thorough review of the claims made against the deputies, the court concluded that plaintiffs had “not even approached” the level of specificity required to defeat qualified immunity, in light of the fact that “[n]o facts have been recited which would indicate that any of the deputies actually believed the plaintiffs were innocent or the children were lying when the deputies acted on the children’s statements.” Myers, 810 F.2d at 1458. Plaintiffs’ “conclusory” allegations were found to be insufficient in the absence of a “specific affirmative showing of dishonesty” on the part of the deputies. Myers, 810 F.2d at 1458. Plaintiffs' claims of social worker evidence fabrication and duplicity are even less specific than the claims made by them against the deputies in Myers. Plaintiffs have offered only conclusory allegations unsupported by any specific affirmative showing of dishonesty. Plaintiffs have not and cannot show that any of the social workers actually believed the plaintiffs were innocent or that the children were lying when they participated in the arrest of plaintiffs and initiated placement of children in foster care. Under the circumstances, the reasoning and conclusion of the Eighth Circuit in Myers is fully dispositive of plaintiffs’ claims against the social workers. In the absence of a specific showing of dishonesty, the social workers are protected by qualified immunity from allegations that they fabricated evidence and deceived judicial officers. Finally, plaintiffs point to various state statutes and regulations which the social workers allegedly contravened in handling the Scott County investigation. Specifically, plaintiffs claim that the social workers violated Minn.Stat. §§ 626.556, subd. 10(a); 260.165, subd. 1(c)(2); 13.04, subd. 2; 257.071; as well as Minnesota Rules §§ 9560.025-9560.0500 and 42 U.S.C. §§ 671(a)(15), 672(a)(1), and 675. As noted in Myers, “a violation of state law is neither cognizable under section 1983 nor results in forfeiture of immunity for the alleged violations of rights which have independent constitutional origin” unless “the rights which form the basis of plaintiffs’ civil rights claims were conferred by state law.” Myers, 810 F.2d at 1469, citing Davis v. Scherer, 468 U.S. 183, 104 S.Ct. 3012, 82 L.Ed.2d 139 (1984). “[Qualified immunity will be forfeited only when at the time of the conduct in question it is clearly established that plaintiffs have the particular constitutional right and that the statutory and regulatory provisions in question bear upon or implicate that right.” Culbreath v. Block, 799 F.2d 1248, 1250 (8th Cir.1986). Here, as in the cases disposed of in Myers, the rights asserted by plaintiffs are all of federal constitutional origin, such as the fourth amendment right to be free from arrest without probable cause, the liberty interest in the family unit and fair trial, due process rights. Here, as in Myers, “[n]one of these interests is conferred by Minnesota legislation.” Myers, 810 F.2d at 1469. At most these statutes and regulations establish “guidelines to be followed as a matter of state law and neither confers nor embodies any constitutionally-protected right asserted by the plaintiffs.” Myers, 810 F.2d at 1469. As to Minn.Stat. § 626.556, subd. 10(a), in Myers the court determined that “the statute is not the source of the liberty interest in the family unit which the plaintiffs have sued to vindicate.” Myers, 810 F.2d at 1469. As to Minn.Stat. § 260.165, subd. 1(c)(2), in Myers the court found that any violation of this statute “would not bear upon nor defeat immunity for the constitutional claim.” Myers, 810 F.2d at 1470. As to Minn.Stat. § 257.071 and 42 U.S.C. § 672-75, these statutes specify certain procedures relative to foster care placement of children, but do not bear upon plaintiffs’ claimed liberty interest. Nor can plaintiffs show “but for” causation, inasmuch as even had defendants adhered to these requirements there was no guarantee that families would have been reunited. The Minnesota Rules relied upon by plaintiffs are similarly unconnected to plaintiffs’ federal law claims, and plaintiffs appear to have waived these requirements in any event. Finally, as to Minn.Stat. § 13.04, subd. 2 (“Tennessen” warning), plaintiffs have not claimed that their liberty interests in undisrupted family units derives from this statute, nor have plaintiffs made a threshold showing that defendants in fact violated the statute. The social workers’ participation in child victim-witness questioning was peripheral at best. In sum, because none of the state law statutes or regulations allegedly violated by defendants confer or embody any of the constitutionally-protected rights claimed, plaintiffs’ state law arguments are unavailing. In sum, the social workers’ motion for summary judgment will be in all respects granted. Plaintiffs have not made out a justiciable substantive or procedural due process claim. Plaintiffs cannot show “but for” causation as to their claims that the social workers caused arrests or caused children to be separated from parents. The social workers are qualifiedly immune from claims that they improperly questioned children or deceived judicial officers. B. Deputies Scott County deputy sheriffs Michael Busch, Patrick Morgan, David Einertson and Norman Pint are named as defendants in the Meisinger, Germundson and Morgenson actions. Plaintiffs allege that the deputies sought arrest warrants, swore out criminal complaints, and effectuated arrest without probable cause; deceived judicial officers who found probable cause; interrogated children for an improper purpose and in an improper manner; and unconstitutionally removed minor children from their homes pursuant to police holds. Essentially the same claims were made against these deputies in the first Myers appeal. Defendants now move for summary judgment as to all claims against them on the basis of qualified immunity. The Court finds that all claims against the deputies are barred by principles of qualified immunity, and accordingly defendants’ motions for summary judgment will be granted. 1. Arrest As to plaintiffs’ claims of unlawful arrest, in Malley v. Briggs, 475 U.S. 335, 106 S.Ct. 1092, 89 L.Ed.2d 271 (1986), a case decided after this Court’s 1985 decision but before the Eighth Circuit’s Myers decision, the Supreme Court held that in the absence of proof that an arresting officer fabricated false evidence or otherwise deceived a judicial officer in connection with the procurement of an arrest warrant, the doctrine of qualified immunity bars any claim against the officer based on claims that he procured the arrest of the plaintiff without probable cause, provided that a reasonably competent and well-trained police officer would have believed that probable cause existed under the facts then known to the arresting officer. As interpreted by the Eighth Circuit in Myers, Malley stands for the proposition that “an officer requesting an arrest warrant will be shielded by qualified immunity for that function unless adjudged on an objective basis, ‘no officer of reasonable competence would have requested the warrant.’ ... ‘Only where the warrant application is so lacking in indicia of probable cause as to render official belief in its existence unreasonable ... will the shield of immunity be lost.’ ” Myers, 810 F.2d at 1455. Furthermore, “if officers of reasonable competence could disagree on [the] issue, immunity should be recognized.” Malley, 106 S.Ct. at 1096, quoted in Myers, 810 F.2d at 1455. In determining whether immunity obtains, the Court’s function is to “review the information before the deputy sheriffs when they swore out criminal complaints and performed arrests to determine whether no reasonably competent officer would have sought to arrest the ... plaintiffs on the basis of the known facts and circumstances.” Myers, 810 F.2d at 1455. A review of the information before the deputies when they swore out complaints and arrested Judy Kath, Scott and Marlene Germundson, Terry Morgenson, and Irene Meisinger reveals that the deputies were reasonable in believing that probable cause to arrest existed based on the facts then known. On the date of Irene Meisinger’s arrest (November 30, 1983), the deputies had the following information: V. Kath’s statement that Meisinger and James Rud had performed oral sex on each other and on her and J.M. Meisinger on one occasion; S. Krahl’s description of activities at the home of Alvin and Rosemary Rud involving several adults, including Irene Meisinger, performing sexual acts upon and with children; and J.R.H. Meisinger’s statement that Irene Meisinger had performed oral sex upon him, and that his stepfather, Gary Pautsch, had physically abused him over an extended period of time with Irene Meisinger’s knowledge and consent. On the date of Marlene Germundson’s arrest (November 10,1983) the deputies had the following information: statements by the Germundson children that James Rud had sexually abused them in the presence of Marlene Germundson; physical evidence which corroborated the children’s statements, i.e., a physical examination of the five-year-old children which revealed that they had been sexually penetrated; Marlene Germundson’s admission in a November 10, 1983 interview that she had knowledge of nude photographs of her children taken by James Rud and that she was been present at Rud’s residence on occasion when she “assumed” that Rud was engaged in sexual activity with her children, and her admission that her children had revealed to her in April or May 1983 that Rud had sexually abused them. On the date of Scott Germundson’s arrest (February 27, 1984) the deputies had the following information: J. Olson's statement that on several occasions Scott Germundson had anally penetrated him; and C. Lebens’ description of acts of sexual abuse upon and with children by Marlene and Scott Germundson at the James Rud residence. On the date of Judy Kath’s arrest (November 14, 1983) deputies had the following information: V. Kath’s description of sexual activities involving children and adults, including Judy Kath, at the Rud residence; Marlene Germundson’s statements implicating Judy Kath in criminal sexual conduct at the Rud residence, which confirmed in part the statements made by V. Kath. In the light of information before the deputies when they swore out criminal complaints against those plaintiffs, the Court finds that the deputies’ conduct was objectively reasonable. This is not an instance where “no officer of reasonable competence would have requested” the respective warrants. To the contrary, each criminal complaint and warrant was supported by detailed descriptions of criminal activity by suspected victim-eyewitnesses whose names and ages were known to the deputies and which were provided to judicial officers who also found probable cause. Each arrest was based on more than one accusation, and in the case of Judy Kath, a child’s accusation were partially corroborated by statements of an adult (Marlene Germundson). In the case of Marlene Germundson, statements made by her children and others were partially confirmed by physical evidence. As to the suggestion that the age and particular vulnerabilities of young children made their accusations unreliable, here, as in the first Myers appeal, the Court is obliged to “reject the inference that law enforcement personnel are necessarily less entitled to rely on details of criminal activity described by children than those described by adults.” Myers, 810 F.2d at 1456-57. A thorough review of the facts and circumstances known to police officers at the time of the arrests leads to the conclusion that the deputies’ conduct in seeking and performing the arrests was objectively reasonable, and that, at the very least, officers of reasonable competence could have differed as to probable cause. As such, the deputies are protected by principles of qualified immunity from plaintiffs’ claims of unlawful arrest. 2. Deception of Judicial Officers Plaintiffs also claim that the deputies perpetrated a fraud upon the judicial officers who found probable cause by representing to judicial officers that child statements were reliable and by concealing allegedly exculpatory evidence. Allegations of judicial deception are sufficient to defeat qualified immunity if “the judicial finding of probable cause is based solely on information the officer knew to be false or would have known was false had he not recklessly disregarde