Wright v. Talamantes

── Wright v. Talamantes ── Court: Court of Appeals for the Ninth Circuit Date: May 01, 2026 Category: General NOT FOR PUBLICATION FILED UNITED STATES COURT OF APPEALS MAY 1 2026 MOLLY C. DWYER, CLERK U.S. COURT OF APPEALS FOR THE NINTH CIRCUIT BRIAN WRIGHT, individually and as next No. 24-6668 friend of L.A.W., next friend of L.W., next D.C. No. friend of M.G.Z., and next friend of M.W., 4:21-cv-00257-JGZ Plaintiffs - Appellants, MEMORANDUM* and IRLANDA WRIGHT, Plaintiff, v. GERARDO TALAMANTES; MEGHEAN FRANCISCO; DALE WOOLRIDGE, M.D., Medical Director, Southern Arizona Children's Advocacy Center, Defendants - Appellees, and SOUTHERN ARIZONA CHILDREN'S ADVOCACY CENTER, MARIE FORDNEY, Executive Director, Southern Arizona Children's Advocacy Center, MARIA GARRICK, Southern Arizona Children's Advocacy Center, NATALIE BARRAGAN DOJAQUE, Southern * This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. Arizona Children's Advocacy Center, MORGAN RAU, Southern Arizona Children's Advocacy Center, SAHUARITA TOWN COUNCIL, named as The Town Council of The Town of Sahuarita, Arizona, THOMAS JOHNSTON, Detective, Sahuarita Police Department, MELINA CARRIZOSA, Police Officer, Sahuarita Police Department, CHRISTIN PELAYO, Detective, Sahuarita Police Department, JASON DEDMON, BRIAN MALDANADO, JOANA ENCINAS, JEANNETTE SHELDON, BETINA NORIEGA, MICHELLE OROZCO, Defendants. Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, Chief District Judge, Presiding Argued and Submitted September 19, 2025 Phoenix, Arizona Before: COLLINS, MENDOZA, and DESAI, Circuit Judges. Partial Concurrence and Partial Dissent by Judge COLLINS. Plaintiffs, minor child “L.A.W.” and his father Brian Wright, appeal the district court’s grant of qualified immunity for Dr. Dale Woolridge, a physician independently contracted by the Southern Arizona Children’s Advocacy Center. Plaintiffs also appeal the grant of summary judgment for the Arizona Department of Child Safety (“DCS”) investigator, Gerardo Talamantes (“Talamantes”), and his supervisor, Meghean Francisco (“Francisco”), on plaintiffs’ judicial deception 2 24-6668 claims. We review de novo a district court’s grant of summary judgment, including a grant based on qualified immunity. Lowry v. City of San Diego, 858 F.3d 1248, 1254 (9th Cir. 2017) (en banc); Tarabochia v. Adkins, 766 F.3d 1115, 1120 (9th Cir. 2014). We reverse the district court’s grant of summary judgment on qualified immunity grounds for Dr. Woolridge, affirm the grant of summary judgment for Francisco, and reverse the grant of summary judgment for Talamantes. 1. Qualified immunity must be “categorically available” for a private individual acting under color of state law to invoke it. See Bracken v. Okura, 869 F.3d 771, 776 (9th Cir. 2017) (quoting Jensen v. Lane Cnty., 222 F.3d 570, 576 (9th Cir. 2000)). If qualified immunity is available, the private individual is immune from a § 1983 claim unless the plaintiff can prove a violation of “a clearly established constitutional . . . right.” See id. (citation modified). We need not decide whether qualified immunity is “categorically available” to Dr. Woolridge, because even assuming it is, he is not entitled to it. With the evidence at summary judgment construed in their favor, Plaintiffs have shown that Dr. Woolridge violated their constitutional rights by undressing L.A.W. and performing an investigatory forensic medical exam without parental