NATION v. COLLA

No. 1 CA-CV 89-501.

173 Ariz. 245 (1991)

841 P.2d 1370

Sheryll NATION, personal representative of the Estate of Jeffrey Nation, deceased, and Donna Nation, Plaintiffs-Appellees, Cross Appellants, v. Michelle COLLA, State of Arizona, Department of Economic Security, Division of Child Protective Services; and Mesa Crisis Center, Defendants-Appellants, Cross Appellees.

Court of Appeals of Arizona, Division 1, Department A.

Reconsideration Denied and Opinion Modified July 20, 1992.

Petition and Cross-Petition for Review Withdrawn December 29, 1992.


Attorney(s) appearing for the Case

Surrano & Massey by Robert J. Hommel, Phoenix, for plaintiffs-appellees, cross appellants.

Grant Woods, Atty. Gen. by Thomas J. Dennis, Asst. Atty. Gen., Phoenix, for defendants-appellants, cross appellees.


OPINION

CONTRERAS, Judge.

In this appeal we must decide to what extent a caseworker for Child Protective Services (CPS)1 performing duties relating to the investigation and filing of a child dependency petition is entitled to absolute and/or qualified immunity. Based upon her investigation and the possibility of physical child abuse, Michelle Colla (Colla), the caseworker, caused a dependency petition to be filed in juvenile...

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