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.
103411P.pdf 09/14/2011 Lisa Schmidt v. Des Moines Public Schools
U.S. Court of Appeals Case No: 10-3411
U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Colloton, Author, with Murphy and Beam, Circuit Judges]
Civil case - civil rights. Fact that plaintiff lived in a different state
from her children did not suffice to convert the loss of a three-hour visit
into the deprivation of a fundamental right for purposes of substantive due
process; even if plaintiff could show a deprivation of a fundamental liberty
interest in visiting her children, the police officers' alleged conduct would
not shock the conscience where they tried to intercede in a contentious
custody dispute involving a court-ordered visitation that the children were
unwilling to attend; post-deprivation remedies, such as contempt, were
adequate to satisfy procedural due process where visitation was interfered
with; divorce decree restricted plaintiff's visitation to a specific schedule
and allowed her to exercise visitation outside of those times only with her
ex-husband's assent, and plaintiff had no fundamental liberty interest in
contacting her children at school; school district's interpretation of the
decree was reasonable and not actionable as a substantive due process
claim; school district did not violate plaintiff's procedural due process
rights by declining requests for information as plaintiff had a procedural
remedy through making a formal written request for information; plaintiff,
who does not have primary physical custody of her children is not
similarly situated to a married parent who has physical custody.