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SUE KRUSE and LANCE CASPARY on behalf of themselves and their minor son KANOA Plaintiffs-Appellants
vs.
STATE of HAWAII et al. Defendants-Appellees.
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Issues:
Marijuana, reasonable suspicion, policy and procedure, supervisor's liability, 11
Case Summary:
Sue Kruse and Lance Caspary appeal a district court's ruling in their suit against state officials. Kruse was dismissed from her job at a child-care facility after officials learned of her drug use. Previously, Kruse tested positive for marijuana after giving birth to first child. At the time, Kruse told officials she smoked marijuana at least once a week during her pregnancy. Established policy stated that no one with a history of child abuse could work in a child-care facility. Kruse's employer told her the utero transmission of marijuana to her child disqualified her from working at the facility. A state court transferred the case to a federal district court.
Decision of lower jurisdiction:
A U.S. District Court for the Ninth Circuit granted the state' motion for summary judgment. State officials claimed immunity from civil action that resulted from their official duties. Kruse and Caspary now appeal.
Outcome:
Kruse and Caspary lose. The U.S. Court of Appeals for the Ninth Circuit affirmed the ruling of the lower jurisdiction. The court ruled the lower jurisdiction correctly interpreted existing law when it granted the state's motion for summary judgment.