Dolores Piper v. Joshua Cabillo, 670 F. App'x 507

A South San Francisco police officer, Joshua Cabillo, shot and killed 15-year-old Derrick Louis Lamar Gaines (D.L.).
D.L.’s parents filed a 42 U.S.C. § 1983 action against Cabillo and later settled that suit.
After the parents’ suit was filed (but before settlement), Dolores Piper — a pro se litigant — filed a separate § 1983 action claiming damages as D.L.’s "surviving great aunt and legal guardian."
Cabillo moved to dismiss Piper’s complaint, arguing she lacked standing to recover for loss of familial relationship; Piper did not oppose or seek leave to amend.
The district court dismissed Piper’s complaint with prejudice; Piper appealed and the Ninth Circuit affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether non-parents (great aunt/legal guardian) may recover under § 1983 for loss of child companionship	Piper claimed status as surviving great aunt and legal guardian entitling her to damages for loss of familial relationship	Cabillo argued only parents have the protected liberty interest to recover for loss of child companionship; great aunts/guardians lack standing	Court held § 1983 recovery for loss of familial companionship is limited to parents; great aunts and state-created guardians lack standing
Whether district court abused discretion by denying leave to amend	Piper suggested she raised D.L. and sought to clarify relationship	Cabillo argued any amendment would be futile because parental rights remained and plaintiff could not supplant them	Court held denial of leave to amend was not an abuse of discretion because amendment would be futile

Kelson v. City of Springfield, 767 F.2d 651 (9th Cir.) (recognizing parents’ § 1983 interest in companionship with child)
Ward v. City of San Jose, 967 F.2d 280 (9th Cir.) (refusing to extend parental § 1983 right to more distant relatives)
Backlund v. Barnhart, 778 F.2d 1386 (9th Cir.) (distinguishing rights of "creatures of state law" such as legal guardians)
Drummond v. Fulton Cty. Dep’t of Family & Children’s Servs., 563 F.2d 1200 (5th Cir.) (discussing limits on state-created guardians’ rights)
Saul v. United States, 928 F.2d 829 (9th Cir.) (futility justifies denial of leave to amend)
Santosky v. Kramer, 455 U.S. 745 (U.S.) (parental liberty interest is robust even where parental relationship is weak)
Smith v. Org. of Foster Families for Equal. & Reform, 431 F.2d 816 (U.S.) (nonbiological, nonadoptive relationships carry substantially attenuated liberty interests)