Tuesday, March 05, 2024

Reiman v. Vasquez (9th Cir. - March 5, 2024)

I typically talk about opinions in which I think the appellate court was (at least partially) wrong, on the theory that it's not all that useful for me to just mimic what the opinion already says. No need for an echo chamber. (Though contemporary media viewing preferences might suggest a different reality.)

I'm nonetheless going to make an exception this time, because I would have been seriously disappointed if Judge Milan Smith had come out the other way in this one.

The Ninth Circuit holds that when a social worker (allegedly) deliberately lies to a court in an effort to take two kids away from their parents for a couple of months, that's not something to which immunity -- either absolute or qualified -- applies.

Spot on right.

Maybe there were other things going on here that aren't reflected in the opinion. But at least facially, what transpired here is chilling. A kid falls out of bed and then seriously overaggressive social workers take the kids away from the family without notice, in part by falsely telling the court that the parents were not available for the hearing -- even though the parents were repeatedly calling the social workers to try to get in touch (with the social workers refusing to take the calls or get back to them).

You could see that happening to anyone.

If what's in the opinion is true, I'd definitely be giving the parents some money were I one of the jurors.