United States Tenth Circuit

A claim under 42 U.S.C. section 1983, based on a state's failure to conduct the requisite background and insurance checks prior to an infant's death at a licensed day care facility, is not actionable where no state conduct created or increased the danger to the child.

Appellate Information

• Decided 08/08/2002
• Published 08/08/2002

Judges

• VANBEBBER, Senior District Judge., Before HENRY, Circuit Judge, HOLLOWAY, Senior Circuit Judge, and VANBEBBER, Senior District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jonathan S. Willett of Willett & Mestas, LLC, Denver, CO, appearing for Plaintiff-Appellant.


• For Appellees:
  
• Friedrick C. Haines, Assistant Attorney General, Denver, CO, for Defendants-Appellees Barbara McDonnell and Colorado Department of Human Services, (Ken Salazar, Attorney General, Denver, CO, for Defendants-Appellees Barbara McDonnell and Colorado Department of Human Services, and John Barry, Patrick M. Groom, and Timothy V. Clancy of Witwer, Oldenburg, Barry & Bedingfield, LLP, Greeley, CO, for Defendants-Appellees Victoria Gallegos, and Leroy Gallegos, with him on the brief).