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MILLER v. GAMMIE

No. 01-15491.

292 F.3d 982 (2002)

Christine L. MILLER, Guardian Ad Litem; Tonnie Savage, Guardian Ad Litem, Plaintiffs-Appellees, v. Nancy GAMMIE; Fran Zito, Defendants-Appellants, and Nevada Child and Family Services Department; Nevada Child Welfare Division; State of Nevada; Volunteers of America of Nevada, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed June 6, 2002.

Attorney(s) appearing for the Case

Stephen D. Quinn, Deputy Attorney General, Carson City, NV, argued the cause for the defendants-appellants. Frankie Sue Del Papa, Attorney General, and Charles Hilsabeck, Deputy Attorney General, were on the briefs.

Monique Laxalt, Reno, NV, argued the cause for plaintiff-appellee Tonnie Savage. Sean P. Rose was on the briefs.

Before: O'SCANNLAIN and TALLMAN, Circuit Judges, and KING, District Judge.

O'SCANNLAIN, Circuit Judge.

We must decide whether state child services workers involved in ongoing state court dependency proceedings enjoy absolute immunity for the placement of a child in a foster home.

I

This case arises out of the sexual assault of Joe Roe, a minor, by Earl Doe, also a minor. At the time of the assault Earl was a ward of the State of Nevada placed in the foster home of Joe's parents, John and Jane Roe.1

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