BACKLUND v. BARNHART

No. 85-3940.

778 F.2d 1386 (1985)

William BACKLUND, and Patricia Backlund, his wife, Amy Backlund, a minor, Pamela Backlund, f/a/k/a Pamela Mortenson, a minor, and William Backlund, Guardian ad Litem, Plaintiffs-Appellants, v. Patricia S. BARNHART and John Doe Barnhart, her husband; Carlene Brevik and John Doe Brevik, her husband; Nancy Ann Cole and John Doe Cole, her husband, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1985.


Attorney(s) appearing for the Case

Nathan James Neiman, Redmond, Wash., for plaintiffs-appellants.

Betty Edwards, Olympia, Wash., for defendants-appellees.

Before WRIGHT and REINHARDT, Circuit Judges, and INGRAM, District Judge.


EUGENE A. WRIGHT, Circuit Judge.

Are state officials who prevent foster parents from exercising their religious beliefs about discipline immune from damage suits under 42 U.S.C. § 1983? We affirm the trial court's decision that the state officials in this case had authority to decide what was best for the foster child, and that they violated no clearly established constitutional rights of the foster parents.

BACKGROUND

In 1978, eight-year-old...

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