Miller v. Gammie

335 F.3d 889 Christine L. MILLER, Guardian Ad Litem; Tonnie Savage, Guardian Ad Litem, Plaintiffs-Appellees, v. Nancy GAMMIE; Fran Zito, Defendants-Appellants, and Nevada Child And Family Services Department; Nevada Child Welfare Division; State of Nevada; Volunteers of America of Nevada, Defendants. No. 01-15491. United States Court of Appeals, Ninth Circuit. Argued and Submitted December 9, 2002. Filed July 9, 2003. COPYRIGHT MATERIAL OMITTED COPYRIGHT MATERIAL OMITTED Stephen D. Quinn, Carson City, Nevada, for the defendants-appellants. Calvin R.X. Dunlap and Carolyn Kubitschek, Lansner & Kubitschek, New York, New York, for the plaintiffs-appellees. Appeal from the United States District Court for the District of Nevada; Howard D. McKibben, District Judge, Presiding. D.C. No. CV-99-00275-HDM(PHA). Before: SCHROEDER, Chief Judge, KOZINSKI, O'SCANNLAIN, RYMER, T.G. NELSON, TASHIMA, McKEOWN, FISHER, PAEZ, TALLMAN, and CLIFTON, Circuit Judges. Opinion by Chief Judge SCHROEDER; Concurrence by Judge KOZINSKI, Concurrence by Judge O'SCANNLAIN, Concurrence by Judge TASHIMA. SCHROEDER, Chief Judge. I. OVERVIEW 1 We took this case en banc to clarify the narrow scope of absolute…