Stephanie Stephens v. State of Arizona

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 24 2024

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

STEPHANIE STEPHENS, individual, No. 23-16019

Plaintiff-Appellant, D.C. No. 2:22-cv-01605-DJH

v.

MEMORANDUM*

STATE OF ARIZONA; et al.,

Defendants-Appellees.

Appeal from the United States District Court for the District of Arizona Diane J. Humetewa, District Judge, Presiding

Submitted October 22, 2024** Phoenix, Arizona

Before: M. SMITH, BADE, and FORREST, Circuit Judges.

Stephanie Stephens appeals the district court’s order dismissing her

U.S.C. § 1983 claim for violation of the constitutional right to familial association

through judicial deception. We have jurisdiction pursuant to 28 U.S.C. § 1291.

Because the district court erred in finding that Stephens failed to state a judicial

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). deception claim and…