United States Eighth Circuit

In a 42 U.S.C. section 1983 and state wrongful death case arising out of a child's death while in a foster home, summary judgment for defendants is affirmed where: 1) the facts alleged, taken in the light most favorable to plaintiff-father, did not show that defendants' conduct violated the his or the child's substantive due process rights; and 2) summary judgment for defendants on the state law claim was proper on grounds of official immunity.

Appellate Information

• Decided 08/10/2006
• Published 08/10/2006

Judges

• WOLLMAN, Circuit Judge., Before WOLLMAN, LAY, and ARNOLD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Timothy Belz, argued, St. Louis, MO (Al W. Johnson, St. Louis, MO, on the brief), for appellant.


• For Appellees:
  
• Joel E. Anderson, argued, Asst. Missouri Attorney General for appellees Friend and Hardy, Gail Vasterling, Asst. Missouri Attorney General, and Valade.