Ram

In this civil rights action we must determine whether a social worker and a police officer who removed minor children from the custody of their father without prior notice or a hearing are immune from suit under the doctrine of qualified immunity. The district court entered summary judgment for the social worker and denied summary judgment for the police officer. We have jurisdiction under 28 U.S.C. § 1291 . We reverse the district court’s summary judgment for the social worker and affirm the denial of summary judgment for the police officer.

7. Jurisdiction

Following allegations in January, 1992, by Z.D., a minor, that he was sexually abused by Jay Ram, Child Protective Services Crisis Unit (“CPS”) began an investigation. No action was taken to remove Ram’s five adopted sons and one foster son from his custody until October 22, 1993. On that date, Elsie Kamahele, acting in her capacity as the East Hawaii Social Services Section Administrator, and Lieutenant William Silva of the Hawaii County Police Department removed Ram’s children from his custody without prior notice to Ram or a hearing as to the necessity for doing so. The children were released into Ram’s custody on October…