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AMMONS v. DEPT. OF SOCIAL AND HEALTH SERVICES

No. 09-36130.

648 F.3d 1020 (2011)

Crystal AMMONS, Plaintiff-Appellee, v. State of WASHINGTON DEPARTMENT OF SOCIAL AND HEALTH SERVICES; Norm Webster, individually and in his official capacity acting under color of state law; Mary LaFond, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed August 17, 2011.

Attorney(s) appearing for the Case

David P. Moody , Hagens Berman Sobol Shapiro LLP, Seattle, WA, for the plaintiff-appellee.

Ian M. Bauer , and Patricia Campbell Fetterly , Office of the Attorney General, of Washington, Olympia, WA, for the defendants-appellants.

Opinion by Judge B. FLETCHER; Partial Concurrence and Partial Dissent by Judge BYBEE.

OPINION

B. FLETCHER, Circuit Judge:

Appellants Mary LaFond ("LaFond") and Norman Webster ("Webster") (collectively "Appellants"), relying on qualified immunity, appeal the district court's order denying their motion for summary judgment. Appellee Crystal Ammons ("Ammons") sued LaFond and Webster under 42 U.S.C. § 1983 for violating her Fourteenth Amendment substantive due process right to safe conditions while...

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