Whisman Ex Rel. Whisman v. Rinehart

KORNMANN, District Judge.

Rinehart, Pursley, Cox, Blair, and Jines appeal the district court’s 1 denial of their motion to dismiss this 42 U.S.C. § 1983 action. Whismans filed this action against defendants, juvenile officers and social workers, claiming that defendants violated plaintiffs’ constitutional rights of familial association, denying plaintiffs due process of law. Defendants filed a motion to dismiss, contending that plaintiffs’ claims were in essence based upon claims of violation of state laws and, therefore, are not actionable under 42 U.S.C. § 1983, and that defendants Rinehart…