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McLEAN v. GORDON

No. 07-2250.

548 F.3d 613 (2008)

Brandie McLEAN, Plaintiff-Appellee, Rhonda Stone, Rhonda Stone as Next Friend of Minors ZPW(I), ZPW(II), CZW and KSW, Minors; ZPW(I), by Next Friend Rhonda Stone; ZPW(II), by Next Friend Rhonda Stone; CZW, by Next Friend Rhonda Stone; KCW, by Next Friend Rhonda Stone, Plaintiffs v. Mark GORDON; Treva Gordon; Ethan Gordon, Defendants, John McGinnis; Mickey Morgan; Missouri Department of Social Services, Children's Division, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: December 1, 2008.

Attorney(s) appearing for the Case

Joel E. Anderson, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., R. Ryan Harding, Asst. Atty. Gen., on the brief), for appellants.

Sidney E. Wheelan, Tatlow, Gump & Faiella, LLC, Moberly, MO, argued, (Christian L. Faiella, on the brief), for appellee.

Before MELLOY, GRUENDER, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

John McGinnis, Mickey Morgan, and the Missouri Department of Social Services (DSS) appeal the district court's denial of their motion for summary judgment. We reverse the denial and remand this matter to the district court.

I.

The facts of this case are tragic. On June 2, 2005, Braxton Wooden, Jr. died as a result of an accidental shooting. At the time of the shooting, Braxton was a foster child in the custody of DSS and...

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