Marshall

I.

INTRODUCTION

Shortly after his birth in 2003, the County of San Diego Health and Human Services Agency (the Agency) placed a dependent child named J.J. with appellant Rita Marshall. Marshall cared for J.J. for two and- a half years and began the process of adopting him. However, in June 2006, the Agency commenced proceedings that led to J.J.’s removal from Marshall’s care and his placement in another home for adoption.

Marshall filed this action against the County of San Diego (the County) and several County social workers who were involved in the proceedings that led to J.J.’s removal. In the causes of action relevant to this appeal, Marshall brought two claims pursuant to 42 United States Code section 1983 (hereafter section 1983) against the social workers in which she claimed that the social workers violated her right to due process in removing J.J. without providing her adequate notice and an opportunity to be heard, and in making deliberately false statements to the trial court that led to the removal. Marshall also brought a section 1983 claim against the County, alleging that the social workers violated her constitutional rights pursuant to a County custom…