In Capp v. County of San Diego, published August 30, 2019, the 9th Circuit affirmed in part and reversed in part a district court order granting a motion to dismiss a 42 U.S.C. section 1983 suit by a father and his children against the defendant county and some of its social workers. The complaint alleged that…
In Bird v. State of Hawaii, published August 23, 2019, the 9th Circuit affirmed dismissal of a 42 U.S.C. section 1983 complaint on statute of limitations grounds. In 2007, the plaintiff's younger child died as an infant. Authorities concluded that the child died due to maltreatment. The defendant state put the plaintiff and her husband on…
In Shorter v. Baca, published July 16, 2018, the 9th Circuit reversed the denial of a new trial motion after a jury trial that resulted in a defense verdict. When the plaintiff, a pretrial detainee, arrived at the county women's jail, a social worker diagnosed her with a mood disorder. She was placed in the unit…
In Keates v. Koile, published March 6, 2018, the 9th Circuit Court of Appeals reversed in part a district court's dismissal of a mother's and daughter's suit against multiple Arizona child protective services employees. The complaint alleged that the mother took the 13-year-old daughter to a clinic, where she stated she had been sad, had contemplated…
In Demaree v. Pederson, published January 23, 2018, a divided panel of the 9th Circuit Court of Appeals reversed summary judgment granted to two Child Protective Services social workers in a 42 U.S.C. section 1983 case. One of the plaintiffs dropped off photos at a store to be printed. A worker noted that there were nude…
In Whitehall v. County of San Bernardino, published November 15, 2017, the Fourth District Court of Appeal, Division 2, affirmed a trial court order denying the defendant county's Anti-SLAPP special motion to strike the plaintiff social worker's whistleblower suit under Labor Code section 1102.5. The deputy director of Children and Family Services instructed the plaintiff to…
In Gabrielle A. v. County of Orange, published on April 19, 2017, the Fourth District Court of Appeal, Division 3, affirmed summary judgment in favor of the County of Orange and a group of social workers in a lawsuit brought by two parents on a variety of causes of action arising from the detention of a newborn…