DEES v. COUNTY OF SAN DIEGO

Nos. 17-56621 17-56710.

960 F.3d 1145 (2020)

Sara DEES; L.G., a minor by and through her Guardian Ad Litem, Robert Schiebelhut; G.G., a minor by and through her Guardian Ad Litem, Robert Schiebelhut, Plaintiffs-Appellees/Cross-Appellants, v. COUNTY OF SAN DIEGO, Defendant-Appellant/Cross-Appellee, and San Diego County Health and Human Services Agency; Caitlin McCann; Srisuda Walsh; Gloria Escamilla-Hudior; Corey Kissel, Doe 1; Norma Rincon, Doe 2; Alberto Borboa, Doe 3; Does, 4-100, inclusive, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed May 27, 2020.


Attorney(s) appearing for the Case

Caitlin E. Rae (argued), Senior Deputy; David Brodie , Chief Deputy; Thomas E. Montgomery , County Counsel; Office of County Counsel, San Diego, California; for Defendant-Appellant/Cross-Appellee.

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

Partial Concurrence and Partial Dissent by Judge Callahan.


OPINION

The County of San Diego appeals the district court's post-verdict grant of judgment as a matter of law on Fourth and Fourteenth Amendment claims regarding the alleged seizure of a minor, L, by a social worker. Cross-Appellants L and Sara Dees appeal the district court's grant of summary judgment on their...

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