Unpublished Disposition, 916 F.2d 716 (9th Cir. 1990)

MEMORANDUM^** 

1. Clifton was an active duty member of the Air Force living on base. Clifton's Bivens claims against the military defendants, based on the alleged illegality of the search of his dwelling, therefore arise out of activity incident to his military service. They are barred by intra-military immunity. See United States v. Stanley, 483 U.S. 669 (1987).

2. At a minimum, Lee enjoys qualified immunity for her actions as a social worker. See Meyers v. Contra Costa County Dep't of Social Servs., 812 F.2d 1154 (9th Cir. 1987) (holding that a social worker had absolute immunity for initiating dependency proceedings and qualified immunity for ordering plaintiff father away from his own house). To overcome Lee's qualified immunity, Clifton must show that Lee violated his "clearly established statutory or constitutional rights of which a reasonable person would have known," Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). In investigating the report of sexual abuse and taking emergency custody of the children, Lee was performing her duties in compliance with state law. See Alaska Stat. 47.17.025; 47.17.030; 47.10.142. Because Alaska law expressly authorized Lee's actions, any rights Clifton may have had in the continued custody of the children were not clearly established rights of which Lee reasonably would have known.

AFFIRMED.