B. M. ex rel. Burger v. State

B. M., a minor, through her foster mother, appeals from summary judgment entered in Valley County District Court. The child’s claim for damages arises from her placement in a special education program when she was six years old.

The child’s complaint alleged that the State was negligent in placing her in such a program and that the alleged misplacement violated her constitutional rights of due process and equal protection. After extensive discovery, all parties *60moved, for summary judgment. On November 18, 1980, the District Court granted summary judgment for all respondents “the State,” ruling…