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CALDWELL v. LeFAVER

No. 89-35327.

928 F.2d 331 (1991)

Clinton Roy CALDWELL, Plaintiff-Appellant, v. John LeFAVER, Director of the Department of Social and Rehabilitation Services; Department of Social and Rehabilitation Services of the State of Montana; Gwen Farnsworth, Social Worker; Russell Francetich, Social Worker; and Mineral County, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 20, 1991.

Attorney(s) appearing for the Case

Julio K. Morales, Missoula, Mont., for plaintiff-appellant.

Dan G. Cederberg, Cederberg Law Firm, Missoula, Mont. and John H. Maynard, Chief Defense Counsel, Montana Tort Claims Div., Helena, Mont., for defendants-appellees John L. LeFaver, Director of the Dept. of Social and Rehabilitative Services, Dept. of Social and Rehabilitation Services of the State of Mont., Gwen Farnsworth, Soc. Worker, and Russell Francetich, Social Worker.

M. Shaun Donovan, Mineral County Atty., Superior, Mont., for defendant-appellee Mineral County.

Before WRIGHT, SCHROEDER and NORRIS, Circuit Judges.

SCHROEDER, Circuit Judge:

In this 42 U.S.C. § 1983 action, appellant Clinton Caldwell challenges the actions of Mineral County, Montana social workers who, on an emergency basis, removed Caldwell's minor children from his physical custody without notice or hearing and arranged for the children to be transported to Caldwell's former wife in the State of Washington. Caldwell and his former wife had joint legal custody of the two daughters pursuant to a divorce...

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