Santos

MEMORANDUM **

Patricia Santos appeals the district court’s dismissal of her action against the Los Angeles County Department of Children and Family Services (DCFS) and several of its social workers (collectively, DCFS). We affirm.

I

DCFS first argues that Santos’s claims are time barred, but she alleges that she was deceived into believing that her adoption of Albert was proceeding until September 15, 2001. Based on these allegations, her August 2002 complaint is not untimely.

II

Under Saucier v. Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001), we must first consider whether, taking her averments in the light most favorable to Santos, the social workers would have violated her constitutional rights, and then consider whether any such right was clearly established. Given the posture of the case, and construing the allegations in Santos’s favor as we must, we cannot say that under no set of circumstances did she have a liberty interest entitled to procedural protection arising out of her biological and custodial relationship with Albert. However, she was not deprived of a liberty interest without due process, as there were numerous avenues available to her…