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HARPOLE v. ARKANSAS DEPT. OF HUMAN SERVICES

No. 86-2105.

820 F.2d 923 (1987)

Betty Jean HARPOLE, Individually and as Administratrix of the Estate of Gary Demay, Deceased, Appellant, v. The ARKANSAS DEPARTMENT OF HUMAN SERVICES, Ray Scott, Director; Dr. Curtis Ivery, Director of the Social Services Division; Roy Kimball, Director of Pulaski County Social Services North Office; and Marilyn Carter, Supervisor, Pulaski North Social Services; Billey Burke, Supervisor; Debbie Burgess, Case Worker, P.N.S.S.; Arkansas Children's Hospital; Randall L. O'Donnell, Chief Executive Officer; Jeanette Purdue, Director Social Services and Support; Dr. Debra Fiser, Staff Physician; Tommie Flowers-Baker, and as Social Worker for the Arkansas Children's Hospital; in their Individual and Official Capacities, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided June 3, 1987.

Rehearing and Rehearing Denied July 15, 1987.

Attorney(s) appearing for the Case

Richard Quiggle, Little Rock, Ark., for appellant.

Laura A. Hensley, Little Rock, Ark., for Arkansas Childrens Hosp., et al.

Kay J. Jackson Demailly, Asst. Atty. Gen., Little Rock, Ark., for State of Arkansas Dept. of Human Services, et al.

Before ROSS, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge, and JOHN R. GIBSON, Circuit Judge.

Rehearing and Rehearing En Banc Denied July 15, 1987.

FLOYD R. GIBSON, Senior Circuit Judge.

Plaintiff appeals from the district court's1 order granting defendants' motion to dismiss in this 42 U.S.C. § 1983 case. The district court held that the pleadings failed to state a claim upon which relief can be granted. For the reasons stated below we affirm.

I. BACKGROUND

The facts in this case compel sympathy...

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