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BENAVIDEZ v. COUNTY OF SAN DIEGO

No. 19-55274.

993 F.3d 1134 (2021)

John BENAVIDEZ; Heather Benavidez; J.C.B., a minor; A.J.B., a minor by and through their Guardian Ad Litem Diana Benavidez, Plaintiffs-Appellants, v. COUNTY OF SAN DIEGO; Jennifer Lisk; Benita Jemison, Defendants-Appellees, and San Diego Health and Human Services Agency; Polinksy Children's Center; Does, 1 through 50 inclusive, Defendants.

United States Court of Appeals, Ninth Circuit.

Filed April 12, 2021.

Attorney(s) appearing for the Case

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-Appellants.

Jeffrey P. Michalowski (argued) and Christina Snider , Senior Deputies; Thomas E. Montgomery , County Counsel; Office of County Counsel, San Diego, California; for Defendants-Appellees.

Concurrence by Judge Collins

OPINION

This appeal turns on the sufficiency of allegations in an amended complaint asserting judicial deception and violation of other constitutional rights in securing a court order resulting in medical examinations of minors without notice to or consent of the parents. The Benavidezes, John and Heather Benavidez ("Parents...

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