United States Ninth Circuit

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Kirkpatrick v. County of Washoe, 12-15080

In a 42 U.S.C. section 1983 action, arising from the warrantless removal of a two-day old child from the custody of her mother in a suit brought by the biological father, the district court's grant of summary judgment to defendants is: 1) affirmed as to plaintiff's Fourteenth Amendment claims where plaintiff had no enforceable parental rights at the time of removal; 2) affirmed as to defendant social workers who are entitled to qualified immunity; and 3) reversed and remanded with respect to defendant county where plaintiff has presented sufficient evidence to raise a genuine issue of material fact as to whether the county maintained a policy of unconstitutionally seizing children in non-exigent circumstances.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2016/12/09

Judges

  • MURGUIA

Court

  • United States Ninth Circuit

Counsel


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