Nelson Ex Rel. Wharton v. Freeman

MEMORANDUM AND ORDERS GRANTING MOTION FOR SUMMARY JUDGMENT IN FAVOR OF STATE DEFENDANTS

JOHN W. OLIVER, Senior District Judge.

Pending are (1) plaintiffs’ motion for summary judgment and sanctions pursuant to Rule 37, Fed.R.Civ.P. and (2) defendants’ 1 motion for summary judgment pursuant to Rule 56, Fed.R.Civ.P. Plaintiffs’ motion will be denied and defendants’ motion will be granted for reasons we now state.

I

This case stems from the tragic incident of child abuse that caused the untimely death of eight year old Tammy Nelson. Plaintiffs are Amy, Frank and Mike Nelson, minor sister and…