Arce

INTRODUCTION

Appellants Jacqueline Arce, Antonio L. and their children, A.L. and N.L., filed an action alleging that the County of Los Angeles, the Los Angeles County Department of Children and Family Services (DCFS) and Childrens Hospital Los Angeles (CHLA) violated their constitutional rights by detaining both children without judicial authorization or adequate cause. They also alleged that DCFS made knowingly false and malicious statements during dependency proceedings and that a CHLA social worker harassed the parents after the children were returned to their custody. The complaint asserted numerous state and federal claims, including violations of 42 United States Code section 1983 (section 1983). Each defendant filed a demurrer to the complaint.

The trial court sustained the demurrers without leave to amend, concluding that (1) plaintiffs’ allegation that A.L. was diagnosed with “Shaken Baby Syndrome” demonstrated that exigent circumstances supported the temporary detention of both children and (2) CHLA was immune from plaintiffs’ state law claims pursuant to Penal Code section 11172.

*1461 Plaintiffs appeal the judgment dismissing their section 1983 claims and…