ROE V. CONN
417 F.Supp. 769 (1976)
NATURE OF THE CASE: This was a class action challenge to a child neglect law.
FACTS: An investigation was started by Coppage, who was the father of Richard Roe, to
show that Roe's mother, Wambles, was living with black men. On the basis of this complaint,
Officer Conn, a police officer, investigated and found no criminal violations. Coppage then
went to the County Youth Facility, and told Barbara Ward, the director, that Wambles was
living with and entertaining black men and that he wanted to get his child from that
situation and that he wanted custody of Richard. A pick up order was issued to the police if
Wambles was living with a man she was not married to. Conn went to the home and found there
to be no abuse or any neglect and the only facts that he discovered were that Wambles was in
fact living with a black man. Judge Thetford issued the order without really knowing any of
the facts other than Wambles was living with a Blackman and that this was relevant to his
issuance of the order. The child was taken by force by the police. Richard was placed with a
DPS licensed shelter home and a hearing was scheduled six weeks later. Coppage and Wambles
were present for the hearing and the judge gave custody to Coppage. Wambles then filed a
petition for custody 3 weeks later, a motion for a new trial, and blood tests. These motions
were denied as untimely. A second petition was filed and denied. The Alabama Court of Civil
Appeals affirmed. This law suit resulted.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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