Heidi Baker Evan Baker, a Minor by and Through His Guardian Ad Litem, Heidi Baker v. I.G. Racansky Mavis Knox

This appeal involves a lawsuit filed by Evan Baker and his mother Heidi Baker (“the Bakers”) under 42 U.S.C. § 1983 against two socialworkers who took temporary custody of Evan, then five years old, during the course of a child abuse investigation. The socialworkers, I.G. Racansky and Mavis Knox, appeal the district court’s denial of their motion for summary judgment in which they asserted a claim of qualified immunity. We reverse.

FACTS AND PROCEDURAL HISTORY

On September 9, 1986, Diane Brodeur reported to the San Mateo Police Department that she believed her 4-year-old son Aaron and her 2-year-old daughter Melissa had been sexually abused by Paul Baker, the Brodeurs’ next-door neighbor. Paul is the husband of Heidi Baker and the father of Evan Baker.

Ms. Brodeur’s report was referred to Kassandra Dills, a San Mateo County so-cialworker. Ms. Dills investigated the case. She interviewed Mr. and Mrs. Brod-eur and the two Brodeur children, and took extensive notes of these interviews. Ms. Dills’ notes detailed the Brodeurs’ allegations of child molestation and mentioned that Melissa had a vaginal rash which might be evidence of abuse.

Within the next two days, the case was…