Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human Services
- Decided
- March 21, 2008
- Docket
- 07-7021
- Status
- Published
- Jurisdiction
- Federal
Cited 3,738 timesNo negative treatment found in this library
What later courts said
- holding that a plaintiff "must allege facts sufficient to show (assuming they are true) that the defendants plausibly violated the [plaintiff's] constitutional rights" — Ysais v. NEW MEXICO, JUDICIAL STANDARD COM'N (2009)
- holding that a plaintiff “must allege facts sufficient to show (assuming they are true) that the defendants plausibly violated the [plaintiffs] constitutional rights” — Ysais v. New Mexico, Judicial Standard Commission (2009)
- holding that a plaintiff must simply “[n]udge their claims across the line from conceivable to plausible in order to survive a motion to dismiss.” — Tomes v. LoanCare, LLC (2023)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
McCONNELL, Circuit Judge.
This ease arises from the tragic death of an eight month old infant, Renee Dawn Robbins, the child of Dustin Robbins and Melissa Gillum. In 2003, Renee’s parents sought financial assistance and other social services from the Oklahoma Department of Human Services (“DHS”). Employees of DHS informed Mr. Robbins and Ms. Gillum that Carla Beth McKinney operated a licensed and privately-owned daycare center in Tahlequah, Oklahoma, where they might obtain state subsidized care for [*1246] Renee. Plaintiffs further allege that employees of DHS “informed” them that “the McKinney Daycare was the only daycare to which Renee could attend due to financial considerations.” Comp. ¶¶ 19 & 20 (emphasis added). Following this consultation, Renee’s parents placed her in Ms. McKinney’s daycare where she suffered blunt force trauma to the head resulting in her death. The Chief Medical Examiner listed the manner of death as homicide; the state filed criminal charges of first degree murder against Ms. McKinney.
Renee’s parents originally filed suit against the State of Oklahoma Department of Human Services, five named employees of DHS in their individual capacities, ten unnamed employees of DHS in their individual capacities, Carla Beth McKinney, and the McKinney Daycare, in the United States District Court for the Eastern District of Oklahoma on June 9, 2005. That case was voluntarily dismissed by the plaintiffs on September 7, 2005. This case was filed by Mr. Robbins and Ms. Gillum on September 7, 2006, against the same parties seeking damages and other relief under 42 U.S.C. § 1983 for alleged violations of Renee’s constitutional rights and various torts in connection with Renee’s death.
Statutes cited
Cite this
Robbins Ex Rel. Robbins v. Oklahoma Ex Rel. Department of Human Services, 519 F.3d 1242 (2008)Read the full opinion
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