WEATHERFORD v. STATE

Nos. 1 CA-CV-01-0289, 1 CA-CV-01-0496.

54 P.3d 342 (2002)

203 Ariz. 313

Cheryl WEATHERFORD, as guardian ad litem for Michael L., a minor, Plaintiff-Appellant, v. STATE of Arizona; Claudette Washington, individually and in her capacity as an employee of the State of Arizona; Shirley Lewis, individually and in her capacity as an employee of the State of Arizona; Parthenia Gibson, individually and in her capacity as an employee of the State of Arizona, Defendants-Appellees. Michael L., a minor, by and through his guardian Cheryl Weatherford, Plaintiff-Appellee, v. State of Arizona, Defendant-Appellant.

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

September 10, 2002.


Attorney(s) appearing for the Case

Laurence M. Berlin, Tucson, Attorney for Cheryl Weatherford.

Janet Napolitano, Attorney General by John Wolfinger, Assistant Attorney General, Paula S. Bickett, Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Wilenchik & Bartness, PC by Dennis I. Wilenchik, Phoenix, Attorneys for Claudette Washington and Shirley Lewis.

Martin, Hart & Fullerton by James R. Hart, II, Mesa, Attorneys for Parthenia Gibson.


OPINION

PATTERSON, Judge.

¶ 1 In these consolidated appeals, we consider the scope of protective services workers' immunity for negligence claims against the State of Arizona and three individuals employed as social workers by Protective Services. We also address whether qualified immunity attaches to the social workers' activities when due process violations under 42 U.S.C. section 1983 (Supp.1996)(" § 1983") are alleged.

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