Elwood

Elwood v. Morin

Good Law
84 F. App'x 964
United States Court of Appeals for the Ninth CircuitJanuary 2, 2004No. 02-56077; D.C. No. CV-01-08582-LGBCalifornia515 words

Opinion

Lead Opinion

MEMORANDUM *

Darla Elwood appeals the district court’s dismissal of her 42 U.S.C. § 1983 action against Robert Boyle. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Elwood’s complaint fails to allege facts showing that a therapist, Boyle, joined together with Joseph Morin and Rodney Delaplane (the fathers), and social workers, and agreed upon a common plan to deprive Elwood of continuing custody of her children in violation of her constitutional rights. Elwood argues that Boyle was the lynchpin of a plan to prevent her from regaining custody; her theory is that the fathers had their agenda (to punish Elwood for leaving Morin and Delaplane and becoming involved with her ex-husband’s brother), the social workers had theirs (to punish Elwood for challenging social worker authority), and Boyle’s allegedly false reports made the case without which the Juvenile Court Referee could not have decided to deprive Elwood of custody. However, it is not enough that Boyle’s conduct contributed to the Referee’s decision not to return the children to Elwood, or ultimately had the effect of depriving Elwood of custody. Nor does it suffice that Boyle wrote reports upon which the…

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