Costanich

Washington state revoked Kathie Costanich’s foster care license and instituted guardianship termination proceedings against her following an investigation by a Department of Social and Health Services (“DSHS”) social worker, Sandy Duron, which purportedly revealed “emotional abuse” of the children in Costanich’s care. Finding fundamental inaccuracies in the investigation, an administrative law judge (“ALJ”) reversed the license revocation. The Court of Appeals of Washington ultimately upheld the ALJ’s determination. Costanich v. Wash. State Dep’t of Soc. & Health Servs., 138 Wash.App. 547 , 156 P.3d 232 (2007).

This appeal arises from Costanich’s § 1983 claim against Duron, DSHS, 1 and other DSHS officials for deprivation of her due process rights to her foster care license and guardianship of her dependents. Costanich appeals the grant of summary judgment in favor of all DSHS personnel on the basis of absolute and qualified immunity. ■ We must decide whether the DSHS officials are entitled to absolute or qualified immunity for the separate acts of the investigation, the declaration filed in support of the guardianship termination, and the revocation of Costanich’s…