Rodriguez
Rodriguez v. City of Phoenix
Opinion
lead Opinion
MEMORANDUM ***
Jose Luis Torres Rodriguez (“Rodriguez”) appeals the district court’s grant of summary judgment in favor of the appellees on his 42 U.S.C. § 1983 and state law claims. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. The parties are familiar with the facts of the *516 case, so we repeat them here only to the extent necessary to explain our decision.
Rodriguez argues that under Suboh v. District Attorney’s Office of the Suffolk District, 298 F.3d 81 (1st Cir.2002), Prosecutor Hughes and Detective Fragoso violated his right to due process by, in effect, determining the custody of Rodriguez’s daughter, Ana. In Suboh , the police arrested the child’s mother, took physical custody of her child, and then turned the child over to the mother’s parents while having reason to know the grandparents were not the child’s rightful custodians and would leave immediately for Morocco. Id. at 85-88 . The First Circuit found a possible constitutional violation because the detective did not follow state procedures for terminating the mother’s parental rights, but instead “short-circuited all of these procedures by deciding the issue on his own.” Id. at 92 .