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041923P.pdf   02/07/2005  D. Scott Forrester  v.  Kimberly Rosa
   U.S. Court of Appeals Case No:  04-1923
   Western District of Missouri   
   Civil Case - civil rights - qualified immunity. Denial of qualified 
   immunity to two social workers employed by Missouri Department of 
   Social Services Division of Family Services who failed to comply with 
   state-created procedures is reversed, as statutory requirements did not 
   create a federally protected property or liberty right because the statutes 
   did not contain substantive predicates limiting the discretion of the 
   officials. Substantive due process claim failed because children were not 
   in state custody and the filing of false family assessment report did not 
   increase children's vulnerability to continued abuse, nor did social 
   workers engage in conduct so egregious or outrageous as to shock the 
   contemporary conscience. [PUBLISHED] [Riley, Author, with 
   McMillian and Gruender, Circuit Judges]