United States Eighth Circuit

Dismissal of plaintiff's 42 U.S.C. section 1983 claims against a school district and a school's band director arising from the death of her son while on a band trip is affirmed where the complaint alleged no policy or custom of the district that caused an alleged constitutional violation, and the band director could not be held liable as the decedent was not within the limited class of persons to whom the state owes a constitutional duty to provide some degree of medical care.

Appellate Information

• Decided 01/08/2007
• Published 01/08/2007

Judges

• COLLOTON, Circuit Judge., Before WOLLMAN, MURPHY, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Bill Wayne Bristow, argued, Bristow & Richardson, Jonesboro, AR, (B. Kenneth Johnson, Monticello, AR, on the brief), for appellant.


• For Appellees:
  
• Spencer Fox Robinson, argued, Ramsay & Bridgforth, Pine Bluff, AR, for appellees.