Mabe

Mabe v. San Bernardino County

Good Law
237 F.3d 1101
United States Court of Appeals for the Ninth CircuitJanuary 24, 2001No. 98-56561California5,208 words

Opinion

Lead Opinion

Tallman, J.

We review the propriety of actions taken during the course of a child abuse investigation and subsequent dependency proceedings. Matilda Mabe sued, on various state and federal grounds, the social worker conducting the investigation, certain supervisors and colleagues, the county agency that employs them, and two individuals who later provided foster care to Mabe’s minor daughter. The district court granted summary judgment in favor of all defendants on all claims. Mabe argues that Appellees are liable for damages under 42 U.S.C. § 1983 for their actions in removing Mabe’s daughter (MD 1 ) from her home without a warrant and subsequently placing her in foster care. We affirm in part and reverse and remand in part because there is a material question of fact regarding the liability of the investigating county social worker.

I. Background.

On July 19, 1995, the San Bernardino County Sheriffs Department received a call from Stephanie Rumpler that her younger sister, MD, at the time a 14-year-old minor, had been molested by her stepfather, Mabe’s husband. MD reported that the stepfather had touched her *1105 breasts and crotch area through her clothing at night in her bedroom and…

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