Benavidez

Benavidez v. County of San Diego

Good Law
United States District Court, Southern District of CaliforniaFebruary 14, 20223:18-cv-00558California915 words

Opinion

Trial Court Opinion

BACKGROUND

13 This § 1983 action arises from allegations of an unconstitutional physical 14 examination of the minors J.C.B. and A.J.B. (ECF 52, at 2.) Plaintiffs allege defendants 15 Jennifer Lisk and Benita Jemison misrepresented facts to the Juvenile Court to obtain an 16 order for the physical examinations, and then failed to notify the minors’ parents of the 17 examinations. (Id.) Although the minors suffered emotional and mental distress, they did 18 not need or receive psychological or psychiatric treatment because of defendants’ actions. 19 (Id.) 20 Plaintiffs’ petition provides that the two minors will each receive $10,000, deposited 21 into separate blocked accounts at Kirtland Federal Credit Union. (Id. at 5.) Once each minor 22 turns 18, the depository will be directed to pay the balance to that minor. (Id.)

DISCUSSION

24 District courts have “a special duty” to “safeguard the interests of litigants who are 25 minors.” Robidoux v. Rosengren, 638 F.3d 1177, 1181 (9th Cir. 2011). In the settlement 26 context, that duty requires the court to “conduct its own inquiry to determine whether the 27 settlement serves the best interests of the minor.” Id.…

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