Stafford
Stafford v. County of Washoe
Opinion
Lead Opinion
MEMORANDUM **
The state court decision of June 20, 1997 was a final ruling on the merits under Nevada law that (1) appellants lack standing to sue as the heirs of Mailin Stafford and (2) Washoe County Social Services and Washoe County Child Protective Services, as departments of a political subdivision of the State of Nevada, are not entities subject to suit. Because the issues and the parties are identical here, issue preclusion requires that we respect the Nevada court’s rulings. Executive Mgmt., Ltd. v. Ticor Title Ins. Co., 114 Nev. 823 , 963 P.2d 465, 473-74 (Nev.1998).
The district court correctly ruled that the complaint failed to state a claim, under state or federal law, based on any delay in placing Tatiana Gutierrez with the Hensleys. The relevant state statute, Nev.Rev.Stat. 432B.190, requires the agency to make custody determinations but does not impose mandatory time frames for placement with relatives. Appellants have not shown that any alleged misconduct rose to a violation of substantive due process. See (Armendariz v. Penman, 75 F.3d 1311, 1318 (9th Cir.1996) (en banc) (government’s action must have been “clearly arbitrary and unreasonable, having no…