Kirkpatrick v. Cnty. of Washoe

WCDSS took B.W. into protective custody when she was two-days old and placed her with a foster parent without obtaining prior judicial authorization. Plaintiff, B.W.'s biological father, filed suit under 42 U.S.C. 1983 against the County and three social workers, alleging Fourth and Fourteenth Amendment violations. The district court granted summary judgment in favor of defendants. The court concluded that plaintiff lacked a cognizable liberty interest in his relationship with B.W. and the district court properly granted summary judgment in favor of defendants because he could not prove a violation of his constitutional rights. However, the court concluded that the district court erred in deciding that the complaint did not provide adequate notice that B.W. asserted a Fourth Amendment claim on her own behalf and, therefore, defendants are not entitled to summary judgment on this basis. The court further concluded that Defendants Wilcox and Kennedy are not entitled to qualified immunity on B.W.'s Fourth Amendment claim where a reasonable juror might find that a reasonable social worker could not have determined that B.W. would be in imminent danger of serious bodily injury in the time that it would have taken to obtain a warrant. Thus, the court reversed and remanded on this issue. Because the evidence presented here creates at least an inference of an unconstitutional, unofficial custom in Washoe County, the County is not entitled to summary judgment. The court reversed and remanded as to this issue. Finally, the court affirmed the district court's grant of summary judgment to Defendant Reynolds because plaintiff has not alleged any facts suggesting that she was involved with the decision to take custody of B.W. View "Kirkpatrick v. Cnty. of Washoe" on Justia Law