In a 42 U.S.C. section 1983 action alleging that defendants interfered with plaintiffs' constitutional right of familial association by removing their child without a protective custody warrant, summary judgment for defendants is affirmed in part where it was reasonable for officer-defendant to believe the child's statement that she had been abused at the time she spoke with him. However, the order is vacated in part where local government units such as defendant-county are not entitled to the qualified-immunity defense.
Read Burke v. County of Alameda, No. 08-15658
Appellate Information
Argued and Submitted December 6, 2007
Filed November 10, 2009
Judges
Opinion by Judge Nelson
Counsel
For Appellants:
Robert R. Powell, Law Offices of Robert R. Powell, San Jose, CA
For Appellees:
Catherine Wheeler, Andrada & Associates, PC, Oakland, CA
