Legal Opinion · Concurring in part, dissenting in part
Beltran Ex Rel. Beltran v. Santa Clara County
Court of Appeals for the Ninth Circuit
Decided June 25, 2007No. 05-16976Published
1Concurring in part, dissenting in partFerguson, Circuit Judge
Social worker Tjhin personally verified the factual allegations contained in the dependency petition; in so doing, she functioned as the sole complaining witness. See Kalina v. Fletcher, 522 U.S. 118, 130-31, 118 S.Ct. 502, 139 L.Ed.2d 471 (1997) (ruling that certifying truth of facts constitutes functioning as complaining witness). The parents of Coby Beltran (“Coby”) assert that, in the verification to which Tjhin swore under penalty of perjury, she made fraudulent allegations concerning the care the Beltrans gave their son. The Supreme Court has consistently denied absolute immunity to…
2Cases cited14 opinions
- Imbler v. PachtmanSupreme Court of the United States · 1976
- Malley v. BriggsSupreme Court of the United States · 1986
- Buckley v. FitzsimmonsSupreme Court of the United States · 1993
- Burns v. ReedSupreme Court of the United States · 1991
- Miller v. GammieCourt of Appeals for the Ninth Circuit · 2003
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