Rankin v. City of Wichita Falls

E. GRADY JOLLY, Circuit Judge:

This section 1983 case is an appeal from a dismissal for failure to state a claim upon which relief may be granted under Fed.R. Civ.P. 12(b)(6). Plaintiffs brought suit for damages under section 1983 and the due process clause for the death of their son, Patrick, which they ascribe to the gross negligence of the defendants in the operation of the waste treatment plant at which Patrick worked. Because we find that the complaint fails to allege the sort of abuse of government power necessary to raise a tort claim to constitutional status, we affirm the district…