Moodian

ORDER GRANTING IN PART AND DENYING IN PART THE PARTIES’ CROSS MOTIONS FOR SUMMARY JUDGMENT

In their amended complaint, plaintiffs assert violations of 42 U.S.C. § 1983 against social workers Carolyn Black (“Black”) and Katherine Moore (“Moore”), and Alameda County Social Services Agency (“County”), based on the temporary removal and detention of the plaintiff children (“children”) from their plaintiff mother’s (“mother”) custody without a warrant. Now before the Court are the parties’ cross motions for summary judgment. Defendants move for summary judgment, asserting that plaintiffs have insufficient evidence to prove a violation under § 1983, and that in any event, Black and Moore are entitled to immunity for their actions. In opposition, plaintiffs filed a cross motion. While their motion is not altogether clear, I construe it as seeking a ruling that Black and Moore violated plaintiffs’ constitutional rights and that the County has an illegal policy of removing children from their parents’ custody without a warrant and absent exigent circumstances.

The uncontroverted evidence before the Court establishes that on April 12, 2000, the County received a referral from a San…