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.
133000P.pdf 08/20/2014 K.B. v. Michael Waddle
U.S. Court of Appeals Case No: 13-3000
U.S. District Court for the Eastern District of Missouri - Hannibal
[PUBLISHED] [Colloton, Author, with Murphy and Kelly, Circuit Judges]
Civil Case - civil rights. Claims of due process violations against
officials who were told of threat of sexual assault against a minor and
who failed to inform the minor's parents before victim was assaulted, were
properly dismissed. Failure to protect an individual against private
violence does not violate the constitution and the exceptions did not
apply here. Victim was not in state custody, state did not create the
danger, and neither the victim nor the assaulter weres under state
supervision. Officials did not take affirmative action to increase danger
to victim. Officials were entitled to official immunity on state law
negligence claims because the duty to act was discretionary.