Linda K. Wood v. Steven C. Ostrander Neil Maloney

I disagree with the amended opinion issued following rehearing. The reasons expressed in my prior dissent remain as stated in Wood v. Ostrander, 851 F.2d 1212, 1220 (9th Cir.1988) and as supplemented by further review of the qualified immunity issue. Additional concerns are prompted by two opinions of the United States Supreme Court issued since this matter was reargued on November 23,1988, DeShaney v. Winnebago Cty. Soc. Servs. Dept., — U.S. -, 109 S.Ct. 998, 103 L.Ed.2d 249 (1989) and Canton v. Harris, — U.S. -, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989).

The basic (initial) issue to be…