Constitutional: Due Process – Child Placement – Official Immunity

Where parents, whose child was killed by a guardian, brought claims for violation of substantive due process on behalf of the child and for wrongful death under state law against social workers who placed their children with the guardians, the district court properly granted summary judgment to the state employees based on qualified immunity because their conduct did not shock the conscience, and the employees were also entitled to official immunity on the state claims because they completed their ministerial obligations by recommending placement of the children.

Judgment is affirmed.

Hutson v. Walker (MLW No. 64067/Case No. 11-3194 – 14 pages) (U.S. Court of Appeals, 8^th Circuit, Murphy, J.) Appealed from U.S. District Court, Western District of Missouri, Wright, J. (Blake Green, Kansas City, Missouri, argued for appellant; Mitchell L. Burgess, Keith Christopher Lamb, Don P. Saxton and Blake Green appeared on the brief) (Douglas G. Leyshock, Jefferson City, argued for appellee).

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