Background - In May 2013 A.K., a 13‑year‑old with months of depression and occasional suicidal ideation, was taken to an emergency room; hospital staff recommended inpatient care but later told the mother (Keates) A.K. could be discharged with a safety plan. - Hospital staff (PCH) allegedly told CPS someone at the hospital reported A.K. had attempted suicide and that inpatient care was necessary; hospital staff and CPS then prevented Keates from contacting A.K. the next morning. - CPS caseworker Michael Koile interviewed A.K. without Keates present, issued a temporary custody notice (TCN) on May 21, had A.K. transported to a psychiatric facility (ABHS) restrained on a gurney, and prohibited parental contact; ABHS assessed A.K. as low suicide risk. - A.K. was kept in CPS custody, placed in foster/group homes, missed medication and prescribed outpatient treatment, and returned to Keates after nearly four months; the dependency petition was later dismissed. - Keates and A.K. sued under 42 U.S.C. § 1983 alleging violations of the constitutional right to familial association (First, Fourth, and Fourteenth Amendments) and a claim for judicial deception (deliberate fabrication) based on the dependency petition’s alleged false statement that A.K. attempted suicide. - The district court dismissed on qualified immunity grounds; the Ninth Circuit reviews de novo, taking complaint allegations as true for motion‑to‑dismiss/qualified immunity analysis. ### Issues | Issue | Plaintiff's Argument | Defendant's Argument | Held | |---|---:|---:|---| | Whether defendants violated the constitutional right to familial association by seizing/ detaining A.K. without court order | Keates: CPS removed and detained A.K. without reasonable investigation or exigent facts; intrusion was broader/longer than necessary | Defendants: relied on hospital reports that A.K. was actively suicidal and inpatient care was required; action was reasonable | Reversed dismissal as to Koile and Pender — complaint plausibly alleges unlawful seizure and insufficient investigation to justify exigency; qualified immunity denied at dismissal stage | | Whether the scope/duration of detention was reasonably necessary to prevent imminent harm | Keates: restraints, transport, prohibition on parental contact and continued detention after low‑risk finding exceeded necessity | Defendants: immediate action was needed to protect A.K. and secure care; concern PCH would withhold discharge without CPS involvement | Court: complaint plausibly alleges scope/duration exceeded necessity (e.g., ABHS low‑risk assessment) | | Whether the dependency petition contained deliberately fabricated evidence (judicial deception) | Keates: petition falsely stated A.K. attempted suicide despite denials to Koile and others | Defendants: petition reflected information from hospital reporters; reasonable weight could be given to hospital report over parental denials | Affirmed dismissal — complaint fails to plausibly allege Koile knowingly or recklessly fabricated the suicide‑attempt allegation | | Whether other CPS employees and the agency director (Carter) are liable as "integral participants" or supervisors | Keates: several CPS staff collaborated in issuance of TCN; director promulgated policies leading to the violation | Defendants: most employees had no meaningful, direct participation; supervisory allegations are conclusory | Reversed dismissal as to Lensche and Rountree (alleged collaboration in TCN issuance); affirmed dismissal as to Carter, Vanesse, Howard, Gomez, Jenkins (insufficient allegations of integral participation or supervisory liability) | ### Key Cases Cited Troxel v. Granville, 530 U.S. 57 (plurality 2000) (parental care, custody, and control recognized as a fundamental liberty interest) Santosky v. Kramer, 455 U.S. 745 (1982) (due process protections for parental rights in dependency proceedings) Wallis v. Spencer, 202 F.3d 1126 (9th Cir. 2000) (same standard for child seizure: reasonable cause of imminent danger after investigation; scope/duration must be necessary) Rogers v. County of San Joaquin, 487 F.3d 1288 (9th Cir. 2007) (lack of health insurance does not justify removal; reasonable cause requires corroborated evidence) Ashcroft v. al‑Kidd, 563 U.S. 731 (2011) (qualified immunity protects reasonable, mistaken judgments; requires that clearly established law put conduct beyond debate) Iqbal v. Ashcroft, 556 U.S. 662 (2009) (plausibility pleading standard for complaints) Saucier v. Katz, 533 U.S. 194 (2001) (framework for qualified immunity inquiry) Chism v. Washington State, 661 F.3d 380 (9th Cir. 2011) (official loses qualified immunity if he submitted affidavit he knew or recklessly disregarded was false; deliberate fabrication framework) * Spencer v. Peters, 857 F.3d 789 (9th Cir. 2017) (elements for judicial deception claim: deliberate fabrication and causation)