United States Tenth Circuit

In a 42 U.S.C. section 1983 case arising from the death of plaintiffs' eight month old child at a privately owned daycare to which they were referred to by defendant-Oklahoma Department of Human Services, partial denial of individual defendants' motion to dismiss is reversed and remanded where: 1) a claim of a violation of the child's due process rights was inadequate both for failure to provide fair notice and because plaintiffs failed to present a plausible right to relief; 2) plaintiffs failed to adequately plead supervisory liability; and 3) plaintiffs failed to state an equal protection claim.

Appellate Information

• Decided 03/21/2008
• Published 03/24/2008

Judges

• McCONNELL, Circuit Judge., Before McCONNELL, BALDOCK, and GORSUCH Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Richard W. Freeman, Jr., Assistant General Counsel, Department of Human Services, Oklahoma City, OK, (Joseph W. Strealy, Assistant General Counsel, Department of Human Services, Oklahoma City, OK, with him on the briefs), for Defendants-Appellants., Christine Cave, Abowitz, Timberlake & Dahmke, P.C., Oklahoma City, OK, (Joe Carson, Buxton & Carson, PLLC, Oklahoma City, OK, with her on the briefs), for Plaintiffs-Appellees.