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KIRKPATRICK v. COUNTY OF WASHOE

No. 12-15080.

843 F.3d 784 (2016)

Jamie KIRKPATRICK, individually, and as the natural father and legal guardian of B.W., a minor, Plaintiff-Appellant, v. COUNTY OF WASHOE; Amy Reynolds, WCDSS social worker; Ellen Wilcox, WCDSS social worker; Linda Kennedy, WCDSS social worker, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed December 9, 2016.

Attorney(s) appearing for the Case

David J. Beauvais (argued), Oakland, California; Jeffrey Friedman (argued) and William R. Kendall , Reno, Nevada, for Plaintiff-Appellant.

Herbert B. Kaplan (argued), Deputy District Attorney; Richard A. Gammick , District Attorney; Reno, Nevada, for Defendant-Appellee County of Washoe.

Brian M. Brown (argued) and Kevin A. Pick , Thorndal Armstrong Delk Balkenbush & Eisinger, Reno, Nevada, for Defendants-Appellees Amy Reynolds, Ellen Wilcox, and Linda Kennedy.

Dissent by Judge Kozinski.

OPINION

This appeal arises from Washoe County social workers' warrantless removal of a two-day-old child from the custody of her mother, who had a history of drug abuse and whose two other children had been previously placed in the care of the Washoe County Department of Social Services ("DSS"). The biological father...

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