Shiraki

MEMORANDUM *

Diane Shiraki appeals from a final order in her 42 U.S.C. § 1988 action against Hawaii Child Welfare Service’s social worker Luana Cannella. In the district court, Mrs. Shiraki alleged three violations of her constitutional right to procedural due process arising out of Cannella’s handling of her children’s removal and placement. The district court applied the Supreme Court’s decision in Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), and granted summary judgment in favor of Cannella, holding that she was entitled to qualified immunity as to all claims. We review de novo. Newell v. Sauser, 79 F.3d 115, 117 (9th Cir.1996). We can affirm the district court on any ground supported by the record. White v. Klitzkie, 281 F.3d 920, 922 (9th Cir.2002).

I.

Mrs. Shiraki asserts that her right to a prompt post-deprivation hearing after the emergency removal of her children was violated because Cannella never petitioned the court for review of the removal decision. Mrs. Shiraki’s challenge is foreclosed by Caldwell v. LeFaver, 928 F.2d 331 (9th Cir.1991). Although generally when the state removes a child based on a reasonable belief that the child is…