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|DANIEL THOMAS; ANNA THOMAS; CHAD BURLEY,
individually and as a father and legal guardian of
LAB, LGB, SB, and JB, minors; RUSSELL MOORE;
LORI BURLEY; JESSICA ROSE, individually and as a
mother and legal guardian of GM, a minor,
NATIONWIDE CHILDREN’S HOSPITAL; THE CENTER FOR
FAMILY SAFETY AND HEALING; THE CENTER FOR
CHILD AND FAMILY ADVOCACY; DR. FARAH WADIA
BRINK; DR. JONATHAN THACKERAY; FRANKLIN
COUNTY CHILDREN SERVICES; DR. COREY J. ROOD,
| No. 17-3631|
Appeal from the United States District Court
for the Southern District of Ohio at Columbus.
No. 2:14-cv-01236—Edmund A. Sargus, Jr., Chief District Judge.
Argued: January 30, 2018
Decided and Filed: February 14, 2018
Before: SUHRHEINRICH, SUTTON, and BUSH, Circuit Judges.
SUTTON, Circuit Judge. Medical personnel treated three infants, between 19-days old
and six-months old, in the emergency room of Nationwide Children’s Hospital for serious
injuries, including skull fractures and a broken leg. Nationwide’s physicians suspected child
abuse, and they conducted x-rays, a CT scan, and blood testing to identify additional injuries,
after which they alerted Franklin County Children Services of their concerns.
The parents of the infants filed a § 1983 claim against Nationwide and the County
(among others), alleging that the medical testing violated their children’s Fourth (and
Fourteenth) Amendment right to be free from unreasonable searches and their own Fourteenth
Amendment right to familial association. The district court granted summary judgment to
Nationwide and the County. Because state action did not prompt Nationwide, a private hospital,
to perform the diagnostic tests, because the County had nothing to do with the tests, and because
the parents at any rate consented to the tests, we affirm.