En Banc Ninth Scales Back Protections for Social Workers
Thursday, January 24th by Robert LoblawBeltran v. Santa Clara County, 05-16976 (9th Cir., Jan. 24, 2008)
In a brief per curiam decision, the en banc Ninth Circuit has renounced a 2003 decision granting social workers absolute immunity for their actions in child dependency proceedings. The limits of that precedent were sorely tested in this § 1983 case, which involves allegations that the defendant social workers perjured themselves in order to deprive a mother of custody of her kids.
The district court felt compelled to dismiss all claims arising from the social workers’ actions in dependency court, and a divided panel of the Ninth Circuit panel reluctantly affirmed. (My coverage here.)
But two of the panelists called for en banc review, and today they got their wish. In a four-page opinion, the en banc court concludes that the prior case was wrongly decided. The Court holds that social workers are entitled to absolute immunity for making the decision to bring a custody action, but not for fabricating evidence or filing false affidavits to support their petition. Accordingly, the Court reinstates the claims against the social workers and remands for further proceedings.
