Rogers v. County of San Joaquin Human Services Agency

MEMORANDUM OF OPINION AND ORDER

On September 7, 2001, defendants Char-lotta Royal of the County of San Joaquin Human Services Agency and Officer Dennis Lewis of the City of Lodi Police Department entered and searched the home of plaintiffs, Thomas and Nicole Rogers, to investigate an anonymous tip of child abuse and neglect. No search warrant had been obtained. After searching the residence and examining the children, Royal and Lewis decided to take custody of plaintiffs’ two children, Shelby and Thomas Jr. (“Tommy”). Plaintiffs brought this action under 42 U.S.C. § 1983 challenging both the search and the removal of the children. All parties have made cross-motions for summary judgment. For the reasons stated below, plaintiffs’ motion is DENIED and defendants’ motions are GRANTED in part and DENIED in part.

I.

A. The Entry and Search

On the 20th and 23rd of August 2001, the San Joaquin County Child Protective Services (“CPS”) received two phone “referrals” reporting the abuse and neglect of Tommy, age 5, and Shelby, age 3. (County’s SUF ¶¶ 1-4.) The caller or callers, reporting essentially the same facts, said that the children were kept locked in their rooms at night and in…