United States Ninth Circuit

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AE v. County of Tulare, 10-16116

In a suit arising from the sexual assault of a minor by his foster brother, alleging against the county that ran the foster home a claim under 42 USC section 1983 for deliberate indifference and claims for negligence pursuant to California statutes, the district court's dismissal of all claims against the county is reversed, where: 1) the district court abused its discretion when it denied leave to amend the complaint to cure defects in the section 1983 claim; 2) the district court abused its discretion by dismissing the derivative liability claims against the county with prejudice and without leave to amend when it granted leave to amend as to the allegations regarding defendant county social workers.

Appellate Information

  • Decided 01/27/2012
  • Published 01/27/2012

Judges

  • Rawlinson

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Charles R. Chapman, Kathleen Bales-Lange