916 F2d 716 Henning

916 F.2d 716

Unpublished Disposition

James HENNING; Claudette Henning; Lacey Henning, by her
Guardian ad Litem, Deborah Knupple, Plaintiffs-Appellants,
v.
COUNTY OF VENTURA; Public Social Services Agency of the
County of Ventura; Marilu Devine; Ellen
Martinson, Defendants-Appellees.

NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.

1

No. 89-55850.

2

United States Court of Appeals, Ninth Circuit.

Argued and Submitted Oct. 5, 1990.
Decided Oct. 16, 1990.

3

Before: ALARCON and NORRIS, Circuit Judges, and GEORGE,** District Judge.

4

ORDER*

5

For the reasons stated by the district court in Henning v. Ventura County, No. CV 88-1472-MRP, we affirm the dismissal of the plaintiffs' 42 U.S.C. Sec. 1983 action against the County of Ventura and its Public Social Services Agency. We agree with the district court that there is no evidence that the alleged wrongdoing occurred pursuant to an official policy or custom, under the direction of an official with final policy making authority, or from the deliberate indifference of official authorities. Such evidence is necessary for liability.

6

Also for the reasons stated by the district court, we affirm the court's dismissal of the action against social workers Ellen Martinson and Marilu Devine. We need not decide whether, and to what extent, social workers are protected by absolute immunity because we conclude, under the facts of this case, that the social workers were protected by qualified immunity.

7

The district court did not err in declining to grant a continuance.

8

AFFIRMED.

*

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3

**

Honorable Lloyd D. George, United States District Judge for the District of Nevada, sitting by designation