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RAM v. RUBIN

Nos. 94-16508, 94-17185.

118 F.3d 1306 (1997)

Jay RAM, Plaintiff-Appellee, v. Winona RUBIN, in her capacity as Director of the Department of Human Services, State of Hawai`i, Defendant, and William Silva, Defendant-Appellant. Jay RAM, Plaintiff-Appellant, v. Winona RUBIN, in her capacity as Director of the Department of Human Services; County of Hawaii, a municipal corporation; William Silva; Elsie Kamahele, John Does 1-10; Jane Does 1-10; Doe Corporations 1-10; Doe Partnership 1-10; Doe Joint Ventures 1-10; and Doe Governmental Entities 1-10, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided July 2, 1997.

Attorney(s) appearing for the Case

Eric A. Seitz, Honolulu, HI, for Plaintiff-Appellee-Cross-Appellant Ram.

Thomas D. Farrell, Deputy Attorney General, Honolulu, HI, for State Defendants-Appellees.

Steven Christensen, Deputy Corporation Counsel, County of Hawaii, Hilo, HI, for Defendant County of Hawaii and Defendant-Appellant Silva.

Before: HUG, Chief Judge, SCHROEDER and HAWKINS, Circuit Judges.

HUG, Chief Judge:

In this civil rights action we must determine whether a social worker and a police officer who removed minor children from the custody of their father without prior notice or a hearing are immune from suit under the doctrine of qualified immunity. The district court entered summary judgment for the social worker and denied summary judgment for the police officer. We have jurisdiction under 28 U.S.C. § 1291. We reverse the district court's summary...

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