Gregory Murray v. Sandra Andrade

MEMORANDUM **

Murray appeals from the District Court’s order granting summary judgment to Andrade on two independent grounds, namely, judicial estoppel and absolute immunity. For the reasons that follow, we vacate and remand to the District Court for further proceedings.

I. Background

Gregory Murray brings this § 1983 suit against Sandra Andrade, a social worker for Contra Costa County, for events arising out of his marriage to, divorce from, and procreation with S.A.M. (resulting in a child, Baby J.). He alleges Andrade violated his civil rights by not permitting him to take immediate custody of Baby J. once she was removed from S.A.M.’s home, by placing Baby J. in foster care, and by proceeding with dependency hearings.

Murray married S.A.M. in May 2005 in California, but he left for Florida and filed for divorce in the summer of 2005. During the Florida divorce proceedings, he claimed that there were no children born of' the marriage, denied that S.A.M. was pregnant, and denied paternity of any unborn child S.A.M. might be carrying. He maintained this position through the final Florida judgment of divorce in October 2006, which expressly concluded that no children were born…

dissenting:

During his divorce proceedings, Murray represented to the Florida courts that he was not Baby J.’s natural father, presumably in an effort to avoid certain financial obligations that would follow from a finding of paternity. Now, in an effort to obtain money damages from a county social worker, he asserts that at the same time he was representing to Florida courts that he was not Baby J.’s father, he was entitled to a presumption under California law that he is Baby J.’s natural father. See Cal. Fam.Code § 7611 (“A man is presumed to be the natural father of a child if ....”) (emphasis added). Murray’s vigilance in asserting his presumed parental rights in California makes it clear that “the [Florida] ... court was misled” when it concluded, at Murray’s urging, that he was not the natural father and that no children were born of his marriage. New Hampshire v. Maine, 582 U.S. 742 , 750, 121 S.Ct. 1808 , 149 L.Ed.2d 968 (2001) (quoting Edwards v. Aetna Life Ins. Co., 690 F.2d 595, 599 (6th Cir.1982)). Murray found one position convenient when it helped him avoid child support payments, and another convenient when faced with the possibility that his child would be placed…

I. Background

Gregory Murray brings this § 1983 suit against Sandra Andrade, a social

worker for Contra Costa County, for events arising out of his marriage to, divorce

from, and procreation with S.A.M. (resulting in a child, Baby J.). He alleges

Andrade violated his civil rights by not permitting him to take immediate custody

of Baby J. once she was removed from S.A.M.’s home, by placing Baby J. in foster

care, and by proceeding with dependency hearings.

Murray married S.A.M. in May 2005 in California, but he left for Florida

and filed for divorce in the summer of 2005. During the Florida divorce

proceedings, he claimed that there were no children born of the marriage, denied

that S.A.M. was pregnant, and denied paternity of any unborn child S.A.M. might

be carrying. He maintained this position through the final Florida judgment of

divorce in October 2006, which expressly concluded that no children were born of

the marriage.

At the same time, the Children and Family Services Bureau of Contra Costa

County was involved with S.A.M. and Baby J. after the mother tested positive for

drugs at the child’s birth in February 2006. By summer of 2006, Andrade had

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