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ESTATE OF B.I.C. v. GILLEN

No. 13-3232.

761 F.3d 1099 (2014)

The ESTATE OF B.I.C. a minor child, deceased, Plaintiff-Appellant, and Larry F. Crosetto, individually and as next friend of C.S.C., a minor child; Mary Lou Crosetto, Plaintiffs, v. Linda GILLEN, individually and as an agent of the Kansas Social and Rehabilitation Services, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

July 31, 2014.

Attorney(s) appearing for the Case

Randall K. Rathbun ( Molly M. Gordon , with him on the briefs), Depew Gillen Rathbun & McInteer, LC, Wichita, KS, for Plaintiff-Appellant.

Gerald L. Green , Gilliland & Hayes, LLC, Hutchinson, KS, for Defendant-Appellee.

Before LUCERO, HARTZ, and HOLMES, Circuit Judges.

HARTZ, Circuit Judge.

Brooklyn Coons (called "Brook" by her estate) died from being shaken and possibly struck on the head while in the care of her father's girlfriend. Her estate, the remaining plaintiff in this case, alleges that Defendant Linda Gillen, a social worker, knew that Brook was in danger and subject to abuse but did not respond to reports of the abuse, increasing Brook's vulnerability to danger. The estate sued Defendant under 42 U.S.C. § 1983 for...

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