PORTER v. WILLIAMS

No. 05-1862.

436 F.3d 917 (2006)

Sha'va PORTER, mother of decedent; Herbert Murray, father of decedent; Plaintiffs-Appellants, Constance Porter, Plaintiff, v. Sharee L. WILLIAMS; Defendant, Julie Coffman; Augustin Torres; Defendants-Appellees, Tricia Rothweiler; John Doe, Unknown personnel of the Missouri Division of Family Services; James T. Clayton; Tina Clayton; Dept. of Social Services, Children's Division, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: February 6, 2006.


Attorney(s) appearing for the Case

Rodney A. Ames, argued, Liberty, MO, for appellant.

Robert R. Harding, argued, AAG, Jefferson City, MO (Joel E. Anderson, AAG, Jefferson City, on the brief), for appellant.

Before SMITH, HEANEY, and BENTON, Circuit Judges.


BENTON, Circuit Judge.

Constance Porter, a two-and-a-half year old, died from abuse after being placed in a foster home by the Missouri Division of Family Services. The district court granted summary judgment to Julie Coffman, a DFS social worker, and Augustin Torres, her immediate supervisor, based on official immunity. Having jurisdiction under 28 U.S.C. § 1291, this court affirms in part, reverses in part, and remands.

I.

On December 18,...

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