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JAMES v. ROWLANDS

Nos. 08-16642, 08-16643.

606 F.3d 646 (2010)

Daniel JAMES, Plaintiff-Appellant, v. Bobbie ROWLANDS; Steven Tripp; Vivian Vaught, Defendants-Appellees. Daniel James, Plaintiff-Appellee, v. Bobbie Rowlands; Steven Tripp; Vivian Vaught, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed May 26, 2010.

Attorney(s) appearing for the Case

Anthony T. Caso, Sacramento, CA, for plaintiff-appellant-cross-appellee Daniel James.

Robert Shulman, County Counsel, and Michael S. Jamison, Deputy, Office of the Nevada County Counsel, Nevada City, CA, for defendants-appellees-cross-appellants Bobby Rowlands, Steven Tripp, and Vivian Vaught.

Before: PROCTER HUG, JR. and RICHARD A. PAEZ, Circuit Judges, and GEORGE H. WU, District Judge.

PAEZ, Circuit Judge:

The Fourteenth Amendment protects parents' fundamental right to participate in the care, custody, and management of their children. Lassiter v. Dep't of Soc. Servs., 452 U.S. 18, 27, 101 S.Ct. 2153, 68 L.Ed.2d 640 (1981). This right extends to parents who, like the plaintiff here, have shared legal custody but lack physical custody of their children. See Brittain v. Hansen, 451 F.3d...

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