S.S. v. McMULLEN

No. 98-1732.

225 F.3d 960 (2000)

S.S., by and through Her Next Friend and Guardian Ad Litem, Ellen D. Jervis, Appellant, v. Michelle McMULLEN, Sherry Jacoby, and Kathleen Barnett, Appellees, and Cynthia M. Montgomery, Ph.D., Defendant. National Association of Counties, Association of Minnesota Counties, Minnesota County Attorneys Association, and County of Hennepin, Amici Curiae.

United States Court of Appeals, Eighth Circuit.

Filed: September 13, 2000.


Attorney(s) appearing for the Case

Ellen D. Jervis, Kansas City, MO, argued (Lisa A. Weixelman, on the brief), for appellant.

James R. McAdams, AAG, Jefferson City, MO, argued (Elizabeth W. Lane, AAG, on the brief), for appellee.

Before WOLLMAN, Chief Judge, and McMILLIAN, RICHARD S. ARNOLD, JOHN R. GIBSON, BOWMAN, BEAM, LOKEN, HANSEN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges.


MORRIS SHEPPARD ARNOLD, Circuit Judge.

This is an action to recover damages under 42 U.S.C. § 1983 for the violation of substantive due process rights. When S.S. appealed from the district court's dismissal of her complaint for failure to state a claim, a panel of our court reversed. See S.S. ex rel. Jervis v. McMullen, 186 F.3d 1066 (8th Cir.1999), vacated (8th Cir. Sept...

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