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SCHWARTZ v. BOOKER

No. 11-1583.

702 F.3d 573 (2012)

Melissa R. SCHWARTZ, as Personal Representative and Administrator of the Estate of Chandler Grafner, deceased; Christina Grafner; Joshua Norris, Plaintiffs-Appellees, v. Margaret BOOKER, in her individual capacity; Mary Peagler, in her individual capacity, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

December 19, 2012.

Attorney(s) appearing for the Case

Robert A. Wolf , Denver City Attorney's Office, Human Resources Section ( Douglas J. Friednash , City Attorney; Niels Loechell and Linda Davison , Denver City Attorney's Office, on the briefs), Denver, CO, for Defendants-Appellants.

J. Kyle Bachus of Bachus & Schanker, LLC, Denver, CO, for Plaintiffs-Appellees.

Before BRISCOE, Chief Judge, GORSUCH and MATHESON, Circuit Judges.

BRISCOE, Chief Judge.

This is an interlocutory appeal from the denial of a motion to dismiss asserting qualified immunity. At issue is the scope of the special relationship doctrine and whether it would apply to the facts alleged to expose two human services employees to potential individual liability for the death of a seven-year-old child in foster care.1

After their son, Chandler Grafner, died while in the foster care of Jon...

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