Legal Opinion

Schwartz v. Booker

Court of Appeals for the Tenth Circuit

Decided December 19, 2012No. 11-1583PublishedCited by 114 opinions

1Opinion of the Court

BRISCOE, Chief Judge.

This is an interlocutory appeal from the denial of a motion to dismiss asserting qualified immunity. At issue is the scope of the special relationship doctrine and whether it would apply to the facts alleged to expose two human services employees to potential individual liability for the death of a seven-year-old child in foster care. 1

After their son, Chandler Grafner, died while in the foster care of Jon Phillips and Sarah Berry, Chandler’s biological parents, Christina Grafner and Joshua Norris, and Melissa R. Schwartz, personal representative and administrator of…

2Cases cited38 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Pearson v. CallahanSupreme Court of the United States · 2009
  3. Anderson v. CreightonSupreme Court of the United States · 1987
  4. Mitchell v. ForsythSupreme Court of the United States · 1985
  5. Hope v. PelzerSupreme Court of the United States · 2002

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3Cited by114 opinions

  1. Wilson v. MontanoCourt of Appeals for the Tenth Circuit · 2013
  2. T.D. v. PattonCourt of Appeals for the Tenth Circuit · 2017
  3. Gutteridge v. State of OklahomaCourt of Appeals for the Tenth Circuit · 2018
  4. Apodaca v. RaemischCourt of Appeals for the Tenth Circuit · 2017
  5. M. D. Ex Rel. Stukenberg v. AbbottCourt of Appeals for the Fifth Circuit · 2018

109 more not listed; retrieve them via the Exa API.

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