Immunity Denied for Social Workers who Falsified Evidence in Hardwick v. County of Orange

In Hardwick v. County of Orange in the United States Court of Appeals, Ninth Circuit, a child brought § 1983 action against county and county social workers, alleging that social workers maliciously used perjured testimony and fabricated evidence in juvenile dependency proceedings that resulted in mother losing custody of child.

The United States District Court for the Central District of California, Josephine L. Staton, J., denied social workers’ motion for summary judgment based on absolute and qualified immunity. The Court of Appeals, Trott, Senior Circuit Judge, held that:

(1) social workers were not entitled to absolute immunity, and

(2) a child’s due process and Fourth Amendment rights to be free from perjured testimony and deliberately fabricated evidence in civil child dependency proceedings were clearly established.