Henderson v. Mohave County

Mohave County Sheriff S.D.- “Joe” Cook and associated deputy sheriffs (collectively the sheriffs) and Mohave County appeal the denial by the district court of qualified immunity. The action was brought against them by Kathy Lynn Henderson for herself and as the natural guardian and parent of her daughter Korinne Nichole Epstein. Henderson alleged that she and her daughter had on two occasions been unlawfully subjected to seizure by the sheriffs. We affirm the judgment of the district court denying immunity to the sheriffs. We dismiss the County’s appeal for want of jurisdiction.

FACTS

Kathy Lynn Henderson was married to John Epstein; they are the parents of Kor-inne Nichole Henderson Epstein, bom September 10,1976. The couple was divorced in 1978 and custody of Korinne was awarded to Kathy. On September 17,1985, physical custody of Korinne was transferred from Kathy to John in accordance with a stipulation between them; the stipulation was approved by an order of the Superior Court of Orange County, California (the 1985 decree). In 1986, Kathy petitioned to resume custody and was granted it by a commissioner acting under authority of the Superior Court of Orange County,…