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S.S., EX REL. JERVIS v. McMULLEN

No. 98-1732.

186 F.3d 1066 (1999)

S.S., by and through her Next Friend and guardian ad litem, Ellen D. JERVIS, Plaintiff-Appellant, v. Michelle McMULLEN; Sherry Jacoby; Kathleen Barnett; Defendants-Appellees, Cynthia M. Montgomery, Ph.D., Defendant.

United States Court of Appeals, Eighth Circuit.

Decided July 21, 1999.

Rehearing Granted; Opinion and Judgment Vacated September 30, 1999.

Attorney(s) appearing for the Case

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

Elizabeth W. Lane, Asst. Atty. Gen., Jefferson City, MO, argued, for appellee.

Before WOLLMAN, JOHN R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

Rehearing En Banc Granted; Opinion and Judgment Vacated September 30, 1999.

JOHN R. GIBSON, Circuit Judge.

In this 42 U.S.C. § 1983 action, S.S., now an eight-year-old girl, appeals the district court's dismissal of her claims against the defendants. S.S. alleged that three employees of the Missouri Division of Family Services violated her substantive due process right to bodily integrity, or, as she terms it, "to be reasonably safe from harm." Her complaint...

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