AE EX REL. HERNANDEZ v. COUNTY OF TULARE

No. 10-16116.

666 F.3d 631 (2012)

AE, a minor, by and through his Guardian ad Litem, Maribel HERNANDEZ, Plaintiff-Appellant, v. COUNTY OF TULARE, Defendant-Appellee, Celeste Abarca, Defendant-Appellee, Patricia Negrette, Defendant-Appellee, Prudence Morris, Defendant-Appellee, Soto, Doctor; Marie Focha; Miriam Sallam, Defendants-Appellees, and Tiffany Breen, Defendant, Family Builders Foster Care, Inc.; CWA Felix; Adrian Marquez, Defendants, Yadira Portillo, Defendant, Leticia Quezada; Helen Rue, Defendants, Tulare County Child Welfare Services; Tulare County Health and Human Services Agency; Tulare Youth Service Bureau, Inc.; Courtney Wampler; Heidi Wllliams, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed January 27, 2012.


Attorney(s) appearing for the Case

Charles R. Chapman, Esq. , Rodriguez & Associates, Bakersfield, CA, for the plaintiff-appellant.

Kathleen Bales-Lange , County Counsel, and Judy Chapman , Deputy County Counsel (argued), Visalia, CA, for the defendants-appellees.

Before: SIDNEY R. THOMAS and JOHNNIE B. RAWLINSON, Circuit Judges, and CORMAC J. CARNEY, District Judge.


OPINION

RAWLINSON, Circuit Judge:

Plaintiff-Appellant AE, a minor, was sexually assaulted by his seventeen-year-old foster brother (Foster Brother) while living in a foster family home in Tulare County, California. AE contends that the County of Tulare (County) and its employee social workers (collectively, Defendants), failed to intervene prior to his sexual assault, despite their knowledge of the escalating threats and violence against him. AE brought...

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