Schoepp

Schoepp v. County of Santa Barbara

Good Law
214 F. App'x 644
United States Court of Appeals for the Ninth CircuitDecember 20, 2006No. 04-56939California410 words

Opinion

Lead Opinion

MEMORANDUM **

Plaintiff-Appellant Walter Schoepp timely appeals the dismissal with prejudice of his federal lawsuit challenging a state court juvenile dependency proceeding. In state court, Schoepp unsuccessfully sought custody of his nephew, a minor. Rather, the state court declared the nephew a dependent child of the court. Schoepp now claims the district court should have allowed his suit alleging violation of his constitutional rights in the dependency pro *646 ceedings. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

Schoepp’s constitutional claims founder on the merits. 1 The only plausible basis for relief articulated by Schoepp is a violation of the Due Process Clause of the Fourteenth Amendment. The state courts, however, permitted Schoepp to participate fully in the dependency hearing, after which he could appeal the decision to the California Court of Appeal. Upon review of the relative interests of Schoepp and the County of Santa Barbara, as well as the procedures afforded under state law, we conclude he was accorded due process. See Mathews v. Eldridge, 424 U.S. 319, 335 , 96 S.Ct. 893 , 47 L.Ed.2d 18 (1976); Gibson v. Merced County Dep’t of Human Res.,…

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