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WEATHERFORD EX REL. MICHAEL L. v. STATE

No. CV-02-0369-PR.

81 P.3d 320 (2003)

206 Ariz. 529

Cheryl WEATHERFORD, as guardian ad litem for MICHAEL L., a minor, Plaintiff-Appellant, v. STATE of Arizona; Claudette Washington, individually and in her capacity as an employee of the State of Arizona; Shirley Lewis, individually and in her capacity as an employee of the State of Arizona; Parthenia Gibson, individually and in her capacity as an employee of the State of Arizona, Defendants-Appellees. Michael L., a minor, by and through his guardian Cheryl Weatherford, Plaintiff-Appellee, v. State of Arizona, Defendant-Appellant.

Supreme Court of Arizona, En Banc.

December 17, 2003.

Attorney(s) appearing for the Case

Laurence M. Berlin, Tucson, Attorney for Cheryl Weatherford.

Terry Goddard, Attorney General by Paula S. Bickett, Chief Counsel, Civil Appeals Section, Assistant Attorney General, Phoenix, Attorneys for Parthenia Gibson, Claudette Washington, Shirley Lewis, and the State of Arizona.

Martin, Hart & Fullerton by James R. Hart, II, Mesa, Attorneys for Parthenia Gibson.

Wilenchik & Bartness, PC by Dennis I. Wilenchik, Phoenix, Attorneys for Claudette Washington and Shirley Lewis.

OPINION

McGREGOR, Vice Chief Justice.

¶ 1 This case requires us to determine whether and under what circumstances a child placed in a foster care facility may bring an action based upon 42 U.S.C. § 1983 (2003) against individual state workers for violating the foster child's substantive due process rights under the United States Constitution. We exercise jurisdiction pursuant to Article VI, Section 5.3 of the Arizona Constitution, Arizona Revised...

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