Salmeron v. United States

724 F.2d 1357 Robert J. SALMERON, individually and as Guardian Ad Litem for Robert J. Salmeron and Melissa Ann Salmeron, Plaintiffs-Appellants, v. UNITED STATES of America; G. William Hunter, individually and as United States Attorney for the Nothern District of California, et al., Defendants-Appellees. No. 83-1596. United States Court of Appeals, Ninth Circuit. Argued and Submitted Oct. 14, 1983. Decided Dec. 28, 1983. Herbert F. Kaiser, San Francisco, Cal., for plaintiffs-appellants. John F. Barg, Chief Asst. U.S. Atty., San Francisco, Cal., for defendants-appellees. Appeal from the United States District Court for the Northern District of California. Before WALLACE, SCHROEDER, and FERGUSON, Circuit Judges. WALLACE, Circuit Judge: 1 Salmeron filed this action based upon tort and violation of his civil and constitutional rights, claiming that government agents wrongfully deprived him of his children. The district court granted summary judgment, holding that Salmeron's claims were barred by a release he signed in settling an earlier action. Salmeron appealed, and we reverse and remand because we find genuine issues of material fact as to whether the release was voluntarily signed,…