Skip to main content

Are you a legal professional? Visit our professional site

Search for legal issues
For help near (city, ZIP code or county)
Please enter a legal issue and/or a location

Burke v. County of Alameda, No. 08-15658

Article Placeholder Image
By FindLaw Staff on November 10, 2009 3:40 PM

In a 42 U.S.C. section 1983 action alleging that defendants interfered with plaintiffs' constitutional right of familial association by removing their child without a protective custody warrant, summary judgment for defendants is affirmed in part where it was reasonable for officer-defendant to believe the child's statement that she had been abused at the time she spoke with him.  However, the order is vacated in part where local government units such as defendant-county are not entitled to the qualified-immunity defense.

Read Burke v. County of Alameda, No. 08-15658

Appellate Information

Argued and Submitted December 6, 2007

Filed November 10, 2009


Opinion by Judge Nelson


For Appellants:

Robert R. Powell, Law Offices of Robert R. Powell, San Jose, CA

For Appellees:

Catherine Wheeler, Andrada & Associates, PC, Oakland, CA

Find a Lawyer

More Options