WHITE BY WHITE v. PIERCE COUNTY

Nos. 85-3993, 85-4018.

797 F.2d 812 (1986)

Jimmy R. WHITE and Chris R. White and Shannon White, Minors, By and Through their guardian, Jimmy R. WHITE, Plaintiffs-Appellees, v. PIERCE COUNTY and Raymond Fjetland, the Pierce County Sheriff; Rod Weast, Ron Buhl, and Dave Delton, as Deputy Pierce County Sheriffs; and Rod Weast and "Jane Doe" Weast, individually and the marital community of them composed; Ron Buhl and "Jane Doe" Buhl, individually and the marital community of them composed; and Dave Delton and "Jane Doe" Delton, individually and the marital community of them composed, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1986.


Attorney(s) appearing for the Case

Sverre O. Staurset, Graves, Staurset & Mauritz, Tacoma, Wash., for plaintiffs-appellees.

Daniel R. Hamilton, Deputy Pros. Atty., Tacoma, Wash., for defendants-appellants.

Before WRIGHT, SNEED and SCHROEDER, Circuit Judges.


EUGENE A. WRIGHT, Circuit Judge.

In this case we are asked to decide whether deputy sheriffs investigating a report of child abuse have qualified immunity from suit for warrantless entry.

The Whites brought this action under 42 U.S.C. § 1983, contending that their Fourth Amendment rights against unreasonable searches and seizures were violated. The deputies appeal the denial of their motion for summary judgment, relying on the qualified immunity rule...

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