991438P.pdf   10/10/2000  Terry and John B.  v.  Tom Dalton
   U.S. Court of Appeals Case No:  99-1438
   Eastern District of Arkansas   
   Civil case. Two siblings brought civil rights action for damages 
   against Department of Human Services employees who removed 
   them from impatient psychiatric hospital and delivered them to 
   an abusive aunt and uncle who had obtained guardianship. 
   District court's grant of judgment to DHS officials is affirmed, 
   as DHS lost custody and a duty to protect before the injury occurred. 
   Probate court's order to maintain protective services did not 
   give DHS a continuing duty to protect children from family 
   relatives. DHS employees are not liable on a theory of a 
   state-created danger for returning the children to their relatives. 
   At most the children made out a case for negligence.