BAKER v. RACANSKY

No. 88-15056.

887 F.2d 183 (1989)

Heidi BAKER; Evan BAKER, a minor by and through his guardian ad litem, Heidi Baker, Plaintiffs-Appellees, v. I.G. RACANSKY; Mavis Knox, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided September 26, 1989.


Attorney(s) appearing for the Case

Christine E. Motley, Deputy, County Counsel's Office, County of San Mateo, Redwood City, Cal., for defendants-appellants.

Dennis John Woodruff, Oakland, Cal., and David R. Lipson, Berkeley, Cal., for plaintiffs-appellees.

Louise H. Renne, City Atty., Loretta M. Giorgi and Julia Ten Eyck, Deputy City Attys., for City and County of San Francisco, amicus curiae for appellants.

Donald L. Clark, County Counsel, County of Santa Clara by Jeffrey L. Bryson, Deputy, San Jose, Cal., Richard L. Moore, County Counsel, County of Alameda by Lorenzo E. Chambliss, Sr., Deputy County Counsel, Oakland, Cal., Henry G. Murdock, Dist. Atty., County of Alpine, Markleeville, Cal., Susan Roff, County Counsel, County of Butte by Robert Glusman, Chief, Oroville, Cal., Max E. Robinson, County Counsel, County of Fresno by Howard K. Watkins, Sr. Deputy, Fresno, Cal., B.C. Barmann, County Counsel, County of Kern, Philip E. Dunn, Jr., Chief Deputy, Bakersfield, Cal., Cameron L. Reeves, County Counsel, County of Lake, Lakeport, Cal., Douglas J. Maloney, County Counsel, County of Marin, Thomas G. Hendricks, Asst. County Counsel, San Rafael, Cal., H. Peter Klein, County Counsel, County of Mendocino by Sandra L. Applegate, Deputy, Ukiah, Cal., James A. Curtis, County Counsel, County of Nevada, Nevada City, Cal., Dwight L. Herr, County Counsel, County of Santa Cruz by Jane M. Scott, Asst. County Counsel, Santa Cruz, Cal., David R. Frank, County Counsel, County of Shasta by Karen Keating Jahr, Asst. County Counsel, Redding, Cal., James Botz, County Counsel, County of Sonoma by Kathleen Larocque, Deputy, Santa Rosa, Cal., Lita O'Neil Blatner, County Counsel, County of Tulare, Visalia, Cal., for amici curiae.

Before BROWNING, PREGERSON and THOMPSON, Circuit Judges.


DAVID R. THOMPSON, Circuit Judge:

This appeal involves a lawsuit filed by Evan Baker and his mother Heidi Baker ("the Bakers") under 42 U.S.C. § 1983 against two socialworkers who took temporary custody of Evan, then five years old, during the course of a child abuse investigation. The socialworkers, I.G. Racansky and Mavis Knox, appeal the district court's denial of their motion for summary judgment in which they asserted a claim of qualified immunity. We reverse...

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