Kemper v. County of San Diego
Johnneisha Kemper brought a federal civil rights action against San Diego County (County) and the City of San Diego (City), and several of their employees, alleging defendants violated her constitutional rights when they engaged in actions leading to the termination of her parental rights to her daughter. (42 U.S.C. § 1983 (§ 1983).) The trial court sustained defendants' demurrers without leave to amend.
We conclude the court properly sustained the demurrer on Kemper's claims against the County and its named employees. These claims are barred because they constitute an improper collateral attack on the prior juvenile dependency orders and judgment. However, we conclude the court erred in sustaining the demurrer on Kemper's claims against the City and its named employees. These claims are not barred because they were not litigated in the earlier juvenile dependency proceedings.
Comments on Kemper v. County of San Diego