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Robert Calabretta, Individually and as Parent and Natural Guardian of Tamar and Natalie Calabretta, Minor Children Shirley Calabretta, Individually and as Parent and Natural Guardian of Tamar and Natalie Calabretta, Minor Children v. Jill Floyd, Individually and in Her Official Capacity as a Caseworker of Yolo County Department of Social Services Yolo County Department of Social Services Nicholas Schwall, Individually and in His Official Capacity With Woodland Police Department Ussell Smith, Individually and in His Official Capacity as Chief of Police of the Woodland Police Department Woodland Police Department

Citation: 189 F.3d 808Docket: 97-15385

Court: Court of Appeals for the Ninth Circuit; August 26, 1999; Federal Appellate Court

Narrative Opinion Summary

In the case of 189 F.3d 808 (9th Cir. 1999), defendants, including a social worker and police officer, appealed the district court's denial of their motion for summary judgment based on qualified immunity following a warrantless entry into the Calabretta home. The plaintiffs, members of the Calabretta family, alleged violations of their Fourth Amendment rights after the defendants entered their home without consent to investigate an anonymous report of child abuse. The social worker and police officer argued that their actions were justified as part of a child welfare investigation and did not require a warrant or exigent circumstances. However, the court emphasized established legal principles that require government officials, including social workers, to obtain consent or a warrant for home entries absent an emergency. The court referenced the precedent set in White v. Pierce County, which mandates such conditions for warrantless entries. The court also considered the legality of the social worker's actions in inspecting a child for signs of abuse, concluding that the lack of immediate danger or evidence of abuse did not justify the search. Ultimately, the court affirmed the denial of qualified immunity, underscoring the constitutional protections against unreasonable searches and the need for adherence to Fourth Amendment standards in child welfare cases.

Legal Issues Addressed

Fourth Amendment Protection Against Unreasonable Searches

Application: The court reinforced the Fourth Amendment's requirement for a warrant or consent for home entry by government officials, including social workers, absent exigent circumstances.

Reasoning: The court finds this principle overly broad, emphasizing that a reasonable official should recognize that the absence of an emergency requires consent or a warrant for entry.

Jurisdiction Over Interlocutory Appeals

Application: The appellate court confirmed its ability to hear interlocutory appeals concerning qualified immunity denials, accepting facts presented by the nonmoving party.

Reasoning: The appellate court confirmed its jurisdiction over interlocutory appeals concerning qualified immunity denials.

Precedent in Child Welfare Investigations

Application: The court referred to established precedents such as White v. Pierce County to determine the legality of warrantless home entries by social workers.

Reasoning: The court references a precedent, White v. Pierce County, affirming that, absent exigent circumstances, police cannot enter a home without a warrant, establishing that this principle applies universally to government officials, including social workers.

Qualified Immunity for Government Officials

Application: The court evaluated whether the social worker and police officer could claim qualified immunity for entering the Calabretta home without a warrant or exigent circumstances.

Reasoning: The social worker and police officer acknowledged that they entered the Calabretta home without consent but contested the district court's requirement for exigent circumstances or a warrant.

Strip Searches and Privacy Rights

Application: The court analyzed the constitutionality of the social worker's directive to inspect the three-year-old for signs of abuse without sufficient justification or consent.

Reasoning: Good v. Dauphin County Social Services, similar to White, determined that a social worker and police officer could not enter a home without consent or exigent circumstances.