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MILLER v. GAMMIE

No. 01-15491.

335 F.3d 889 (2003)

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 July 9, 2003.

Attorney(s) appearing for the Case

Stephen D. Quinn, Carson City, Nevada, for the defendants-appellants.

Calvin R.X. Dunlap and Carolyn Kubitschek, Lansner & Kubitschek, New York, New York, for the plaintiffs-appellees.

Before: SCHROEDER, Chief Judge, KOZINSKI, O'SCANNLAIN, RYMER, T.G. NELSON, TASHIMA, McKEOWN, FISHER, PAEZ, TALLMAN, and CLIFTON, Circuit Judges.

Opinion by Chief Judge SCHROEDER; Concurrence by Judge KOZINSKI, Concurrence by Judge O'SCANNLAIN, Concurrence by Judge TASHIMA.

SCHROEDER, Chief Judge.

I. OVERVIEW

We took this case en banc to clarify the narrow scope of absolute immunity after Supreme Court decisions have taken an approach that is fundamentally inconsistent with the reasoning of our earlier circuit authority involving immunity for family-service social workers. Compare Babcock...

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