Tenth Circuit -- The Estate of B.I.C. v. Gillen

Error for District Court to grant qualified immunity to social worker in death of abused child, as state-created danger exception applies.

Given preponderance of facts, social worker should have known that she was violating clearly established law.

No specific intent to interfere with familial relationships, so no claims under Due Process.

Claim accrues with the death, not with the conduct.

Concurrence: Right, but inaction can't be considered affirmative conduct.


The Estate of B.I.C. v. Gillen