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WALLIS BY AND THROUGH WALLIS v. SPENCER

No. 97-55579.

193 F.3d 1054 (1999)

Lauren WALLIS, by and through her Guardian Ad Litem, Rebecca Lynn Wallis, Guardian Ad Litem; Jessie Wallis, by and through his Guardian Ad Litem, William Lawrence Wallis, Guardian Ad Litem; Rebecca Lynn Wallis; William Lawrence Wallis, Plaintiffs-Appellants, v. Mary SPENCER, M.D.; Candace Young, Ph.D.; Rachel Stecks; City of San Diego; City of Escondido; Child Protective Services, a Division of the San Diego County Department of Social Services; Wells Gardner; Cathy McLennon; Canela Caveda; Susan Goulian; Grace Goodall; and DOES 1 through 300, Inclusive, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 14, 1999.

Attorney(s) appearing for the Case

Paul Leehey, Fallbrook, California, and Donnie Cox, Carlsbad, California, for the plaintiffs-appellants.

Douglas J. Collodel (argued), Sedgwick, Detert, Moran & Arnold, Los Angeles, California, Jeffrey Epp, City Attorney, and Mark Waggoner, Assistant City Attorney, Escondido, California, for the defendantappellee.

Before: BRIGHT, REINHARDT, and RYMER, Circuit Judges.

Opinion by Judge REINHARDT; Dissent by Judge RYMER.

REINHARDT, Circuit Judge:

This case involves a conflict between the legitimate role of the state in protecting children from abusive parents, and the rights of children and parents to be free from arbitrary and undue governmental interference. Such conflicts occur with increasing frequency these days. The problem of child abuse is a critical one, with deep personal and social costs. For too long, intra-familial...

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