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COSTANICH v. DEPT. OF SOCIAL AND HEALTH SERVICES

Nos. 08-35217, 08-35287.

627 F.3d 1101 (2010)

Kathie COSTANICH, Plaintiff-Appellant, v. DEPARTMENT OF SOCIAL AND HEALTH SERVICES for the State of Washington; Sandra Duron; John Doe Duron; Carol Schmidt; John Doe Schmidt; Beverly Payne; John Doe Payne; James Bulzomi; Jane Doe Bulzomi; Robert Stutz; Ingrid McKenny; John Doe McKenny; Jane Doe Stutz, Defendants-Appellees. Kathie Costanich, Plaintiff-Appellee-Cross-Appellant, v. Department of Social and Health Services for the State of Washington; Sandra Duron; John Doe Duron; Carol Schmidt; John Doe Schmidt; Beverly Payne; John Doe Payne; James Bulzomi; Jane Doe Bulzomi; Robert Stutz; Ingrid McKenny; John Doe McKenny; Jane Doe Stutz, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 3, 2010.

Attorney(s) appearing for the Case

Carol Farr , Law Office of Leonard W. Moen, Renton, WA, for appellant Kathie Costanich.

Pamela H. Anderson , Assistant Attorney General, Olympia, WA, for appellees State of Washington, et al.

OPINION

WARDLAW, Circuit Judge:

Washington state revoked Kathie Costanich's foster care license and instituted guardianship termination proceedings against her following an investigation by a Department of Social and Health Services ("DSHS") social worker, Sandy Duron, which purportedly revealed "emotional abuse" of the children in Costanich's care. Finding fundamental inaccuracies in the investigation, an administrative law judge ("ALJ") reversed the license...

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