AE v. County of Tulare, et al., No. 10-16116 (9th Cir. 2012)
Annotate this CasePlaintiff, a minor, brought federal civil rights claims under 42 U.S.C. 1983 and state negligence claims against the County and its employee social workers (collectively, defendants). Plaintiff, sexually assaulted by his 17-year-old foster brother while living in a foster family home, contended that defendants failed to intervene prior to his sexual assault, despite their knowledge of the escalating threats and violence against him. The district court dismissed with prejudice all claims against the County. The court concluded that the district court abused its discretion because the district court denied leave to amend where plaintiff was denied the opportunity to allege additional facts supporting the claim that defendant's constitutional violations were carried out pursuant to County policy or custom and where the County's derivative liability was tied directly to the negligence of, or successful assertion of immunity by, its employees. Accordingly, the court reversed the district court's decision and vacated the judgment.
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