United States Eighth Circuit

In a 42 U.S.C. section 1983 action against defendants, social service workers and state department of social services, arising from the death of a foster child in an accidental shooting, denial of defendants' motion for summary judgment is reversed and remanded where: 1) the actions of defendants in repeatedly failing to check a foster home for unsecured firearms was not conscious-shocking, despite the fact that there was documentation that firearms were in the home; 2) official immunity protected defendants from liability under a state-law wrongful death statute; and 3) the state agency was not a person subject to suit for purposes of section 1983 litigation.

Appellate Information

• Decided 12/01/2008
• Published 12/01/2008

Judges

• SHEPHERD, Circuit Judge., Before MELLOY, GRUENDER, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Joel E. Anderson, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., R. Ryan Harding, Asst. Atty. Gen., on the brief), for appellants.


• For Appellees:
  
• Sidney E. Wheelan, Tatlow, Gump & Faiella, LLC, Moberly, MO, argued, (Christian L. Faiella, on the brief), for appellee.