Legal Opinion

Jamie Kirkpatrick v. County of Washoe

Court of Appeals for the Ninth Circuit

Decided July 10, 2015No. 12-15080PublishedCited by 10 opinions

1Opinion of the Court

Opinion by Judge BYBEE; Partial Dissent by Judge KOZINSKI.

OPINION

BYBEE, Circuit Judge:

“Government officials are required to obtain prior judicial authorization before intruding on a parent’s custody of her child unless they possess information at the time of the seizure that establishes ‘reasonable cause to believe that the child is in imminent danger of serious bodily injury and that the scope of the intrusion is reasonably necessary to avert that specific injury.’ ” Mabe v. San Bernardino Cnty., Dep’t of Pub. Soc. Servs., 237 F.3d 1101, 1106 (9th Cir.2001) (quoting Wallis v. Spencer, 202…

2Cases cited32 opinions

  1. Swierkiewicz v. Sorema N. A.Supreme Court of the United States · 2002
  2. Starr v. BacaCourt of Appeals for the Ninth Circuit · 2011
  3. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  4. Roy Richard Dittman v. State of California State and Consumer Affairs Agency Medical Board of California Acupuncture Committee and Marilyn NielsenCourt of Appeals for the Ninth Circuit · 1999
  5. Ashcroft v. IqbalSupreme Court of the United States · 2009

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3Cited by10 opinions

  1. Ellen Keates v. Michael KoileCourt of Appeals for the Ninth Circuit · 2018
  2. Jones v. County of Los AngelesCourt of Appeals for the Ninth Circuit · 2015
  3. Reynolds v. County of San DiegoDistrict Court, S.D. California · 2016
  4. Bentley v. Arizona Department of Child SafetyDistrict Court, D. Arizona · 2020
  5. Bowler v. Wells Fargo Bank NADistrict Court, D. Arizona · 2020

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