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McCUEN v. POLK COUNTY, IOWA

No. 88-2667.

893 F.2d 172 (1990)

Sharon McCUEN and Gloria Kirkpatrick by her mother, next friend and legal guardian Sharon McCuen, Appellants, v. POLK COUNTY, IOWA; Jeanine Gazzo, Ray Blase and Candice Bennett, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided January 4, 1990.

Attorney(s) appearing for the Case

Edward McConnell, W. Des Moines, Iowa, for appellants.

Mary Vavroch, Des Moines, Iowa, for appellees.

Before McMILLIAN and BOWMAN, Circuit Judges, and DUMBAULD, Senior District Judge.

PER CURIAM.

Sharon McCuen, mother of five-year-old Gloria Kirkpatrick, brought a 42 U.S.C. § 1983 (1982) action, for herself and as next friend to Gloria, seeking damages for denial of their rights as a result of ex parte orders temporarily removing Gloria from the home. The District Court1 granted summary judgment for all defendants. Pendent emotional distress claims were dismissed for lack of jurisdiction. We affirm.

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