Elwood

Elwood v. Morin

Good Law
87 F. App'x 617
United States Court of Appeals for the Ninth CircuitJanuary 2, 2004No. 02-56918California868 words

Opinion

Lead Opinion

MEMORANDUM *

Darla Elwood appeals the district court’s dismissal of her 42 U.S.C. § 1983 action against the County of Los Angeles (the County), Ann Wellman and Barbara Dallis (the social workers), and Rodney Delaplane and Joseph Morin (the fathers). She also appeals denial of her motion for default judgment against Sonia Jimenez for defamation and invasion of privacy. 1 We affirm.

I

We have jurisdiction because Elwood’s notice of appeal was timely given entry of final judgments in favor of the County, Wellman, and Dallis on October 9, 2002, in favor of Jimenez on November 8, 2002, and in favor of Morin and Delaplane on November 15, 2002. Fed.R.Civ.P. 58(a); Fed. R.App. P. 4(a)(2).

II

Elwood’s complaint fails to set forth facts showing that the fathers, social workers, and therapist Robert Boyle agreed upon a common plan to deprive Elwood of continuing custody of her children in violation of her constitutional rights. She contends that the participants had the same objective, and that the actions of the fathers, Boyle and the social workers could not have been done without prior agreement. However, the facts do not show any agreement among these parties. See Franklin v. Fox,…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.