Nunes

Nunes v. Stephens

Good Law
United States District Court, Eastern District of CaliforniaMay 17, 20211:19-cv-00204California789 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 7 ANGELINA NUNES, individually and as CASE NO. 1:19-CV-0204 AWI BAM guardian ad litem for minor children D.X. and L.X., et al.,

ORDER FOLLOWING NINTH

Plaintiffs CIRCUIT REMAND AND DISMISSING

DEFENDANTS

v.

CARRIE STEPHENS, et. al, (Doc. No. 49)

Defendants

14 15 This 42 U.S.C. § 1983 case stems from the allegedly unauthorized and unconstitutional access of Plaintiffs’ confidential juvenile records by Defendants. On August 22, 2019, the Court granted in part and denied in part two Rule 12(b)(6) motions to dismiss. See Doc. No. 27. In pertinent part, the Court denied the individual Defendants qualified immunity for claims based on the Fourth Amendment in light of the Ninth Circuit case of Gonzalez v. Spencer, 336 F.3d 832 (9th Cir. 2003). See id. The Court concluded that Gonzalez was not thoroughly reasoned but appeared to have engaged in a § 1983 analysis and to have found the Fourth Amendment. See id. The Court also noted that other district…

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