CALABRETTA v. FLOYD

No. 97-15385.

189 F.3d 808 (1999)

Robert CALABRETTA, individually and as parent and natural guardian of Tamar and Natalie Calabretta, minor children; Shirley Calabretta, individually and as parent and natural guardian of Tamar and Natalie Calabretta, minor children, Plaintiffs-Appellees, v. Jill FLOYD, individually and in her official capacity as a Caseworker of Yolo County Department of Social Services; Yolo County Department of Social Services; Nicholas Schwall, individually and in his official capacity with Woodland Police Department; Russell Smith, individually and in his official capacity as Chief of Police of the Woodland Police Department; Woodland Police Department, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 26, 1999.


Attorney(s) appearing for the Case

J. Scott Smith, Angelo, Kilday and Kilduff, Sacramento, California, for the defendants-appellants.

Michael P. Farris, Home School Legal Defense Association, Paeonian Springs, Virginia, for the plaintiffs-appellees.

Steven Bailey (briefed), Placerville, California, for the plaintiffs-appellees.

David E. Gordon (briefed), Home School Legal Defense Association, Purcellville, Virginia, for the plaintiffs-appellees.

Thomas R. Yanger (briefed), Deputy Attorney General, Sacramento, California, for amicus State of California Ex. Rel. Eloise Anders, Director of the California State of Social Services.

Kevin T. Snider (briefed), United States Justice Foundation, Escondido, California, for amicus United States Justice Foundation and Christian Action Network.

Before: J. CLIFFORD WALLACE, THOMAS G. NELSON and ANDREW J. KLEINFELD, Circuit Judges.


KLEINFELD, Circuit Judge:

This case involves whether a social worker and a police officer were entitled to qualified immunity, for a coerced entry into a home to investigate suspected child abuse, interrogation of a child, and strip search of a child, conducted without a search warrant and without a special exigency.

Facts.

The two individual defendants moved for summary judgment based on qualified immunity. The district judge denied it.

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases