ARLEDGE v. FRANKLIN COUNTY, OHIO

No. 06-4360.

509 F.3d 258 (2007)

Frances F. ARLEDGE and Jay K. Mitchell, Co-Administrators of the Estate of Daniel Arledge Mitchell, Deceased, Plaintiffs-Appellants, v. FRANKLIN COUNTY, OHIO; Franklin County Children Services; Sarah Tornchio; Jesse Looser; John Saros; Dana Colon, Defendants-Appellees, Stephen P. Powers, Defendant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: December 11, 2007.


Attorney(s) appearing for the Case

ARGUED: Karl H. Schneider, Maguire & Schneider, Columbus, Ohio, for Appellants. Nick A. Soulas, Jr., Prosecuting Attorney's Office, Columbus, Ohio, for Appellees. ON BRIEF: Bradley D. Barbin, Maguire & Schneider, Columbus, Ohio, for Appellants. Mary J. Martin, Arnold Paul Thies, Prosecuting Attorney's Office, Columbus, Ohio, for Appellees.

Before: MARTIN, SILER, and ROGERS, Circuit Judges.


OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiffs Frances Arledge and Jay Mitchell brought suit alleging due process violations under the state custody theory, the state-created-danger theory, and the unconstitutional policy or custom theory, stemming from defendants' placement of their son in a non-foster home where he was subsequently shot and killed. The district court granted summary judgment in favor of defendants, finding that plaintiffs failed...

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