SCHRODER v. CITY OF FORT THOMAS

No. 04-5216.

412 F.3d 724 (2005)

Kimberly SCHRODER, Individually and as Administrator of the Estate of Stephen Schroder; Lawrence Schroder, Individually, Plaintiffs-Appellants, v. CITY OF FORT THOMAS, Mary Brown, Ron Dill, Jeff Earlywine, Marvin Dawson, and Steven Schmidt, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 29, 2005.


Attorney(s) appearing for the Case

ARGUED: John H. Metz, Cincinnati, Ohio, for Appellants. Kimberly K. Zamary, Kohnen & Patton, Cincinnati, Ohio, Chris J. Gadansky, Landrum & Shouse, Louisville, Kentucky, for Appellees. ON BRIEF: John H. Metz, Cincinnati, Ohio, for Appellants. Kimberly K. Zamary, Jeffrey C. Shipp, Kohnen & Patton, Cincinnati, Ohio, Chris J. Gadansky, Robert T. Watson, Landrum & Shouse, Louisville, Kentucky, for Appellees.

Before: COLE and SUTTON, Circuit Judges; ZATKOFF, District Judge.


OPINION

SUTTON, Circuit Judge.

On June 28, 2000, Kimberly and Lawrence Schroder suffered every parent's worst nightmare. Their ten-year-old son, Stephen, was struck and killed by a car traveling 40 miles per hour in a 25 mile-per-hour zone on the street in front of their house. While no law provides true recourse for such a loss, the Schroders and local prosecutors sought some relief under the traditional civil and criminal causes of action authorized by...

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