ELENE H. v. County of Los Angeles

By first amended complaint, plaintiff Elene H., acting individually and as guardian ad litem for her minor children, Christopher and Jennifer, sought damages under 42 United States Code section 1983 , alleging violation of federal civil rights, in connection with a child abuse investigation.

Named as defendants were three employees of the Los Angeles County Sheriff’s Department, deputy sheriffs Dan Dohner, Gilbert Callahan and Joyce Homes Jablonsky.

The three defendants answered the complaint and sought summary judgment, asserting both absolute and qualified immunities for their conduct. Plaintiff opposed summary judgment. After hearing, the trial court awarded defendants summary judgment on the ground that the defendants were entitled to both absolute and qualified immunity from civil suit.

Judgment was entered on February 10, 1989. Plaintiff filed a premature notice of appeal from the trial court’s minute order of January 6, 1989. Pursuant to California Rules of Court, rule 2(c), we deem the notice of appeal taken from the subsequently entered judgment and review on the merits.

Statement of Facts

On Tuesday, May 7, 1985, nine-year-old Christopher H. was attending…