DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
981732P.pdf 09/13/2000 S.S. v. Michelle McMullen
U.S. Court of Appeals Case No: 98-1732
Western District of Missouri
Civil case - civil rights. In action alleging state defendants violated
minor plaintiff's civil rights when they released her from state custody
and returned her to her father although they had notice that he was
allowing her to have contact with a known pedophile who had twice
sodomized her, district court did not err in granting state defendants'
motion to dismiss for failure to state a claim; defendants' actions did
not increase the risk of significant harm to plaintiff because they merely
placed her back into the situation from which they had originally
retrieved her; even assuming that state had acted affirmatively to place
her in danger, the state's actions did not rise to the level of egregiousness
required to support a claim for a substantive due process violation;
dissent by Judge John Gibson, joined by Chief Judge Wollman, and
Circuit Judge McMillian.
981732P.pdf 07/21/1999 S.S. v. Michelle McMullen
U.S. Court of Appeals Case No: 98-1732
Western District of Missouri
Civil case - civil rights. Minor who had been placed at risk of
molestation by Division of Family Service's decision to place her
with her father stated a claim under the state-created danger theory.