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K.B. v. Waddle

United States Court of Appeals, Eighth Circuit

August 20, 2014

K.B., Plaintiff - Appellant,
v.
Michael Waddle; Jeff Hall; Stephanie Howerton; Sara Holzmeier, Defendants - Appellees

Submitted June 12, 2014.

Appeal from United States District Court for the Eastern District of Missouri - Hannibal.

For K.B., Plaintiff - Appellant: Danieal Howard Miller, Columbia, MO.

For Michael Waddle, Jeff Hall, Stephanie Howerton, Defendants - Appellees: Joel A. Poole, Assistant Attorney General, Attorney General's Office, Jefferson City, MO; Philip Sholtz, Attorney General's Office, Saint Louis, MO.

For Sara Holzmeier, Defendant - Appellee: Bradley Christopher Letterman, Christopher Perry Rackers, Schreimann & Rackers, Jefferson City, MO.

Before MURPHY, COLLOTON, and KELLY, Circuit Judges.

OPINION

Page 822

COLLOTON, Circuit Judge.

K.B. is a juvenile who was sexually assaulted at a public swimming pool bye another juvenile in 2003. K.B. sued several public employees, alleging that they were aware of a threat by the assailant but failed to take steps to prevent the abuse. She brought a federal constitutional claim based on the Due Process Clause and state-law negligence claims. The district court[1] dismissed all claims either on the pleadings or on summary judgment. K.B. appeals, and we affirm.

I.

We recite the facts in the light most favorable to K.B. From the fall of 2002 through the spring of 2003, K.B., then a minor, voluntarily participated in an after-school program offered by an entity known as the Family Advocacy Center in Adair County, Missouri. S.H., also a minor, participated in the Center's after-school program, too. According to K.B., the Center is a joint project of the Adair County Juvenile Office, the Missouri Department of Mental Health, and others.

In February 2003, S.H. told Beatrice Dovin, a manager at the Center, that he was going to sexually assault K.B. Dovin called the child abuse hotline maintained by the Children's Division of the Missouri Department of Social Services. S.H.'s threat was subsequently communicated by Dovin or another person to Mike Waddle, Chief Juvenile Officer of the Second Judicial Circuit, Jeff Hall, Deputy Juvenile Officer of the Second Judicial Circuit, Stephanie Howerton, a supervisor at the

Page 823

Children's Division of the Adair County, Missouri Department of Social Services, and Sara Holzmeier, a school resource officer for the Kirksville Police Department and the Kirksville R-III School District. ...


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