DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
052008P.pdf 08/10/2006 Sidney James v. Alysha Friend
U.S. Court of Appeals Case No: 05-2008
Western District of Missouri
[PUBLISHED] [Wollman, Author, with Lay and Arnold, Circuit Judges]
Civil Case - civil rights. Grant of summary judgment to public officials
for violations of substantive due process following death of child in
foster home is affirmed. Evidence shows conduct of officials may have
been negligent but not that they acted with deliberate indifference.
Willingness to accept explanations for injuries do not rise to level of
substantive due process violations. On state law claim of wrongful death,
public officer's actions constituted a discretionary act protected by o
official immunity. Judge Lay dissents.