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TAMAS v. DEPARTMENT OF SOCIAL & HEALTH SERVICES

No. 08-35862.

630 F.3d 833 (2010)

Estera L. TAMAS; Ruth S. Tamas; Monica, by and through her court-appointed guardian for purposes of litigation, Plaintiffs-Appellees, v. DEPARTMENT OF SOCIAL & HEALTH SERVICES, State Of Washington; Marschell Baker, individually and in her official capacity acting under the color of state law; Joyce Drake individually and in her official capacity acting under the color of state law; James Kairoff, individually and in his official capacity acting under the color of state law; Sharon Kleinhen, individually and in her official capacity acting under the color of state law; Chris Kneser individually and in her official capacity acting under the color of state law; Elaine Lipson, individually and in her official capacity acting under the color of state law; Sharon Loeffler, individually and in her official capacity acting under the color of state law; Beverly Payne individually and in her official capacity acting under the color of state law; Kellie Walker, individually and in her official capacity acting under the color of state law, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed December 22, 2010.

Attorney(s) appearing for the Case

Robert M. McKenna , Attorney General, Michael P. Lynch (argued), and Peter J. Helmberger , Assistant Attorneys General, Olympia, WA, for Defendants-Appellants, State of Washington Department of Health and Social Services, Marschell Baker, Joyce Drake, James Kairoff, Sharon Kleinhen, Chris Kneser, Elaine Lipson, Sharon Loeffler, Beverly Payne and Kellie Walker.

David P. Moody (argued), Anthony D. Shapiro , Erin K. Flory , and Marty D. McLean , Hagens Berman Sobol Shapiro LLP, Seattle, WA, for Plaintiffs-Appellees, Estera L. Tamas, Ruth S. Tamas, and Monica.

Before: JOHNNIE B. RAWLINSON and CONSUELO M. CALLAHAN, Circuit Judges, and LARRY A. BURNS, District Judge.

OPINION

RAWLINSON, Circuit Judge:

Enrique Fabregas (Fabregas) is a predator who slithered into the lives of vulnerable women with young daughters. There is no question that Fabregas molested his foster daughters, one of whom he legally adopted. The more challenging question this case presents is whether the State of Washington Department of Social and Health Services (DSHS) and nine DSHS employees' involved in overseeing the foster care of Monica (Monica...

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