Chalkboard, Inc. Karen M. Hoyt v. Susan Brandt Boyd Dover Lucinda Blair Andy Harclerode Sherry Meredith Lloyd Novick Douglas X. Patino Darwin Cox

The plaintiffs, Chalkboard, Inc., a day care center, and its owner-operator Karen Hoyt brought this civil rights action in District Court for money damages against officials of the Arizona Department of Health Services (“DHS”), and the Arizona Department of Economic Security (“DES”), agencies responsible for child day care programs. The claim is based on defendants’ actions in summarily suspending Chalkboard’s license to operate a day care center. The defendants moved for summary judgment on grounds of absolute and qualified immunity. The District Court denied the motion and the defendants appeal. We have jurisdiction over this interlocutory appeal under 28 U.S.C. § 1291 . See Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985), Kraus v. County of Pierce, 793 F.2d 1105, 1107-8 (9th Cir.1986), cert. denied, 480 U.S. 932 , 107 S.Ct. 1571 , 94 L.Ed.2d 763 (1987).

We review de novo the denial of defendants’ motion for summary judgment. Kraus v. County of Pierce, 793 F.2d at 1106-07 .

FACTUAL BACKGROUND

On October 10, 1985, the Tucson Police Department received a complaint from a local citizen that her young daughter had been sexually abused while…