Ruth Ann Cheesman v. Tabitha Snyder

facts in favor of plaintiffs, see O’Doan v. Sanford, 991 F.3d 1027, 1035, 1043 (9th

Cir. 2021), we conclude that Snyder is entitled to qualified immunity. We reverse

and remand for entry of judgment in favor of Snyder.

Public employees “are entitled to qualified immunity under § 1983 unless (1)

they violated a federal statutory or constitutional right, and (2) the unlawfulness of

their conduct was ‘clearly established at the time.’” District of Columbia v. Wesby,

583 U.S. 48, 62–63 (2018) (quoting Reichle v. Howards, 566 U.S. 658, 664 (2012)).

Under this circuit’s Fourteenth Amendment precedents, “the state is required to

notify parents and to obtain judicial approval before children are subjected to

2 investigatory physical examinations” unless there is “a reasonable concern that

material physical evidence might dissipate or that some urgent medical problem

exists requiring immediate attention.” Wallis v. Spencer, 202 F.3d 1126, 1141 (9th

Cir. 2000) (internal citation omitted). If a defendant “fails to notify ‘parents about

the examinations and performs the examinations without obtaining either the

parents’ consent or judicial authorization,’ the [defendant] . . .…