072250P.pdf   12/01/2008  Brandie McLean  v.  John McGinnis
   U.S. Court of Appeals Case No:  07-2250
   U.S. District Court for the Western District of Missouri - Joplin   
   [PUBLISHED] [Shepherd, Author, with Melloy and Gruender, Circuit Judges]
   Civil case - Civil rights. District court erred in denying social workers'
   motions for summary judgment based on qualified immunity for the
   shooting death of a foster child, as there was no evidence available to
   either worker that any firearms in the foster home were unsecured or
   accessible to children; while their failure to make inquiries about the
   location of firearms may have been negligent, it did not rise to the higher
   standard or conscience-shocking conduct required to support a Section
   1983 action; the doctrine of official immunity protected both workers
   from plaintiff's claims under the Missouri Wrongful Death Statute;
   Department of Social Services was entitled to summary judgment as it is
   not a person for purposes of Section 1983 litigation and cannot be sued
   under the statute.