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· 2/7/2000

No. 97-55579

Citations

  • 202 F.3d 1126

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • concluding that a genuine issue of material fact existed as to whether the Wallises’ constitutional rights were violated by police officers who took 5 || custody of their daughters and subjected the children to invasive medical examinations
  • concluding 23 that a reasonable jury could find that the officers were liable because they “did not have 24 reasonable cause to remove the children without a court order.”
  • explaining that parents and children have 17 constitutional rights protected by the Fourteenth Amendment to “not be separated by the 18 state without due process of law except in an emergency”
  • finding that officers lacked reasonable cause because the only evidence of abuse was a statement made by an institu- tionalized, mentally ill patient with an extensive history of severe delusional disorders
  • holding, 5 in a case that originated in California, that “the state is required to notify parents and to 6 obtain judicial approval before children are subjected to investigatory physical 7 examinations”
  • explaining that immunity under section 1983 is governed by federal law

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.