In a 42 U.S.C. section 1983 action alleging a student was unlawfully searched and seized, summary judgment for defendants is affirmed in part where: 1) the general law of search warrants applies to child abuse investigations; 2) however, precedent did not clearly establish that the in-school seizure of a student suspected of being the victim of child sexual abuse could be subject to traditional Fourth Amendment protections; and 3) applying the prior lower standard, defendants' actions were not so clearly invalid as to strip them of qualified immunity. However, the order is reversed in part where: 1) there was a genuine issue of material fact as to whether defendant-social worker secured an order by misrepresenting his conversations with plaintiff-mother; and 2) social worker's decision to exclude mother from her daughters' medical examinations violated the parents' clearly established familial rights under the Fourteenth Amendment.
Argued and Submitted March 6, 2008
Filed December 10, 2009
Opinion by Judge Berzon