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ROGERS v. COUNTY OF SAN JOAQUIN

No. 05-16071.

487 F.3d 1288 (2007)

Thomas ROGERS; Nicole Rogers, an individual; Steven Kahncock, Guardian ad litem for minors Thomas R. Rogers and Shelby Rogers, Plaintiffs-Appellants, v. COUNTY OF SAN JOAQUIN; Charlotta Royal, individually and in her official capacity as social worker for the County of San Joaquin Human Services Agency; Denise West, individually and in her official capacity as social worker for the County of San Joaquin Human Services Agency; City of Lodi; Dennis Lewis, individually and in his capacity as police officer for the City of Lodi, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed May 29, 2007.

Attorney(s) appearing for the Case

David J. Beauvais, Oakland, CA, for the plaintiffs-appellants.

Daniel C. Cederborg, Office of the County Counsel, County of San Joaquin, Stockton, CA, for the defendants-appellees.

Before: WARREN J. FERGUSON, STEPHEN REINHARDT, and MILAN, D. SMITH, JR., Circuit Judges.

REINHARDT, Circuit Judge.

The Rogers family brought this action under 42 U.S.C. § 1983, alleging that the conduct of social worker Charlotta Royal in removing the Rogers children from their home without a warrant violated their Fourth and Fourteenth Amendment rights. Both parties filed motions for summary judgment, although the Rogerses' was as to liability only. The district court granted Royal's motion on the basis...

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