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ROBBINS v. OKLAHOMA

No. 07-7021.

519 F.3d 1242 (2008)

Dustin ROBBINS and Melissa Gillum, as parents and next friends of Renee Dawn Robbins, a deceased minor, Plaintiffs-Appellees, v. State of OKLAHOMA, ex rel., Department of Human Services; Howard H. Hendrick; Deborah Crosslin; Nancy Vonbargen; Linda Hughes; John Does 1 Through 5; Jane Does; Casey Foreman, in his/her capacity acting under color of state law; Carla Beth McKinney, an individual, d/b/a Carla's Daycare, and/or McKinney's Daycare, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 21, 2008.

Attorney(s) appearing for the Case

Richard W. Freeman, Jr., Assistant General Counsel, Department of Human Services, Oklahoma City, OK, (Joseph W. Strealy, Assistant General Counsel, Department of Human Services, Oklahoma City, OK, with him on the briefs), for Defendants-Appellants.

Christine Cave, Abowitz, Timberlake & Dahmke, P.C., Oklahoma City, OK, (Joe Carson, Buxton & Carson, PLLC, Oklahoma City, OK, with her on the briefs), for Plaintiffs-Appellees.

Before McCONNELL, BALDOCK, and GORSUCH Circuit Judges.

McCONNELL, Circuit Judge.

This case arises from the tragic death of an eight month old infant, Renee Dawn Robbins, the child of Dustin Robbins and Melissa Gillum. In 2003, Renee's parents sought financial assistance and other social services from the Oklahoma Department of Human Services ("DHS"). Employees of DHS informed Mr. Robbins and Ms. Gillum that Carla Beth McKinney operated a licensed and privately-owned daycare center in Tahlequah, Oklahoma, where they might...

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