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MANN v. COUNTY OF SAN DIEGO

Nos. 16-56657 16-56740.

907 F.3d 1154 (2018)

Mark MANN; Melissa Mann; N.G.P.M., a minor-by and through their Guardian Ad Litem, Bruce Paul; M.N.A.M., a minor-by and through their Guardian Ad Litem, Bruce Paul; N.E.H.M., a minor-by and through their Guardian Ad Litem, Bruce Paul; M.C.G.M., a minor-by and through their Guardian Ad Litem, Bruce Paul, Plaintiffs-Appellees/Cross-Appellants, v. COUNTY OF SAN DIEGO; San Diego County Health and Human Services Agency; Polinsky Children's Center, Defendants-Appellants/Cross-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed October 31, 2018.

Attorney(s) appearing for the Case

David Brodie (argued) and Caitlin E. Rae , Senior Deputies; Thomas E. Montgomery , County Counsel; Office of the County, San Diego, California; for Defendants-Appellants/Cross-Appellees.

Donnie R. Cox (argued), Law Office of Donnie R. Cox, Oceanside, California; Paul W. Leehey , Law Office of Paul W. Leehey, Fallbrook, California; for Plaintiffs-Appellees/Cross-Appellants.

Before: Kim McLane Wardlaw, Jacqueline H. Nguyen, and John B. Owens, Circuit Judges.

OPINION

We have long recognized the potential conflict between the state's interest in protecting children from abusive or neglectful conditions and the right of the families it seeks to protect to be free of unconstitutional intrusion into the family unit, which can have its own potentially devastating and long...

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