RIEHM v. ENGELKING

No. 07-1517.

538 F.3d 952 (2008)

David RIEHM; Colleen Riehm, Plaintiffs-Appellants, v. John ENGELKING, in his individual capacity and his official capacity as Middle and High School Principal of Cook County Public Schools, Independent School District Number 166; Ann Mershon, in her individual capacity and her official capacity as a public school teacher employed by Independent School District Number 166; Independent School District Number 166, a political subdivision of the State of Minnesota, Defendants, Steven Diercks, in his individual capacity and his official capacity as a social worker employed by the Department of Public Health and Social Services of Cook County, Minnesota; Ann DeBevec, in her individual capacity and her official capacity as a social worker employed by the Department of Public Health and Social Services of Cook County, Minnesota, Defendants-Appellees, Deputy Joseph Zallar, in his individual capacity and his official capacity as a deputy sheriff employed by Cook County, Minnesota, Defendant, Cook County, a political subdivision of the State of Minnesota, Defendant-Appellee, Officer Christopher Thostenson, in his individual capacity and his official capacity as a Minnesota State Patrol Officer assigned to the Northeast Division, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2008.


Attorney(s) appearing for the Case

Peter James Nickitas, argued, Minneapolis, MN, for appellant.

Jon Kermit Iverson, argued, Bloomington, MN, (Amber S. Lee, on the brief), for appellee.

Before MURPHY, HANSEN and GRUENDER, Circuit Judges.


GRUENDER, Circuit Judge.

David Riehm was a high school student who wrote an essay detailing a fantasy murder-suicide inspired by the school shooting that took place at Columbine High School in Littleton, Colorado. He left the essay with his teacher, who read it and reported it to law enforcement. He was taken from his home in Cook County, Minnesota, by court order, underwent a psychiatric evaluation and was released after seventy-two hours. He and his mother, Colleen...

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