United States Ninth Circuit

In a 42 U.S.C. section 1983 action claiming that defendant-officer wrongfully removed a sick infant from the custody of her parents, summary judgment for plaintiff is reversed where there was a genuine issue of material fact as to whether defendant was confronted with imminent danger to the infant at the time in question.

Appellate Information

• Decided 08/10/2009
• Published 08/10/2009

Judges

• Before J. CLIFFORD WALLACE, STEPHEN S. TROTT, and N. RANDY SMITH, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Michael E. Rosman, Center for Individual Rights, WA, D.C., for the plaintiffs-appellees., Kirtlan G. Naylor, Naylor & Hales, P.C., Boise, ID, for the defendant-appellant.