Lansner & Kubitschek has an extensive practice representing clients seeking damages in actions under 42 U.S.C. subsection 1983 for violations of their civil rights. We concentrate in cases arising out of the child welfare system and police misconduct. In the child welfare area, we represent families that have been separated as a result of unconstitutional actions by the New York City Administration for Children's Services and its foster care agencies, seeking both damages and systematic changes. We also represent children who have been injured in foster care as a result of the failures of ACS and foster care agencies to provide a safe environment to the children.

A federal judge in Brooklyn has issued a decision against pediatrician Debra Esernio-Jenssen, M.D., and her employer Long Island Jewish Hospital. Two parents and their child sued, claiming that Dr. Jenssen's misdiagnosis of the baby's arm fracture as child abuse led to the wrongful removal of the child from his parents by ACS; prosecution of the parents in Family Court for child abuse; and the entry of an indicated report against them in the State Central Register.

In a class-action lawsuit, credited with affecting policy nationwide, the federal court declared the City of New York's Policy of removing children from battered mothers to be unconstitutional, and enjoined its illegal practices.

The Ninth Circuit en banc ruled that foster children who are placed in dangerous foster care placements can sue the agencies and staff who failed to protect them from harm. The Court overruled its 14-year-old precedent which had given absolute immunity from liability to foster care organizations and staff.

The settlement for $2.75 million was approved by Judge John Gleeson on April 25, 2000.

The court expanded the Fourth Amendment rights of children, holding that social workers could not have doctors conduct medical examinations on children without the consent of the parents or a court order, In addition, the court held that, if there is enough time for a caseworker to obtain a court order, the caseworker could not remove the children from their parents without one.

In a major expansion of the right to reputation, the court held that the operation of the Department of Social Services' State Central Register was unconstitutional. The Register is a list of all parents suspected of abusing or neglecting their children, and any person whose name is on the list is effectively banned from working with children. The court found the system to be unacceptable due to the low level of evidence required to place a name on the register and the lack of a hearing.

In a landmark decision, the court established the Constitutional right of children in foster care to be free from harm and for children abused in foster case to sue both the City of New York and the foster care agency under 42 U.S.C. § 1983. A great expansion for children's rights, this decision has served as a precedent for all other circuits that have had similar cases.