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BURKE v. COUNTY OF ALAMEDA

No. 08-15658.

586 F.3d 725 (2009)

David BURKE; Melissa Burke; Clifton Farina, Plaintiffs-Appellants, v. COUNTY OF ALAMEDA; Mark Foster, individually and as an employee of the County of Alameda; Kurt Von Savoye, individually and as an employee of Alameda County, aka Lou Von Savoye; Anthony Bartholomew, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed November 10, 2009.

Attorney(s) appearing for the Case

Robert R. Powell, Law Offices of Robert R. Powell, San Jose, CA, for plaintiffs-appellants Melissa Burke, David Burke, and Clifton Farina.

Catherine Wheeler, Andrada & Associates, PC, Oakland, CA, for defendants-appellees Mark Foster, Anthony Bartholomew, and the County of Alameda.

Before: D.W. NELSON, W. FLETCHER and RICHARD A. PAEZ, Circuit Judges.

D.W. NELSON, Senior Circuit Judge:

This case involves the conflict between the right of families to be free of arbitrary governmental interference and the legitimate role of the state in protecting children from abuse.

In 2005, B.F., the fourteen-year old daughter of Melissa Burke and Clifton Farina, ran away from home. One week after she returned, Mark Foster, an Alameda County police officer, met with B.F. to discuss formally the circumstances surrounding...

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