NORFLEET v. ARKANSAS DEPT. OF HUMAN SERVICES

No. 92-2323.

989 F.2d 289 (1993)

Taureen NORFLEET, by and through his parent and administratrix, Toi NORFLEET; Aaron Norfleet, by and through his parent Toi Norfleet; Toi Norfleet, in her individual capacity, Plaintiffs-Appellees, v. ARKANSAS DEPARTMENT OF HUMAN SERVICES; Defendant, Richard Dietz, individually and in his official capacity; Robert Brooks, individually and in his official capacity; and Johnnie Armstrong, individually and in her official capacity, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided March 29, 1993.


Attorney(s) appearing for the Case

Amy Lynne Ford (argued), Little Rock, AR (Debby Nye and John C. Wisner III, on brief), for defendants-appellants.

Michael Andrew Le Boeuf (argued), Little Rock, AR, for plaintiffs-appellees.

Before RICHARD S. ARNOLD, Chief Judge, FLOYD R. GIBSON, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.


FLOYD R. GIBSON, Senior Circuit Judge.

Richard Dietz, Robert Brooks, and Johnnie Armstrong ("the defendants") appeal the district court's1 denial of summary judgment based on qualified immunity. We affirm.

I. BACKGROUND

On August 17th, 1991, Toi Norfleet left her children, Taureen and Aaron, with a next-door neighbor and babysitter, Sheila Tolbert, while Norfleet went on a two day trip to Memphis, Tennessee. Four year...

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