Cord Bowers; Natashia Bowers v. Stephanie Yeoman

12-3494Court of Appeals for the Eighth Circuit31 dic 2013

Testo completo

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 13-2602
___________________________
Cord Bowers; Natashia Bowers
lllllllllllllllllllll Plaintiffs - Appellants
v.
Stephanie Yeoman; C Mark Chappelle; Iowa Department of Human Services,
Employees John and Jane Doe 1-10; Iowa Department of Human Services; State
of Iowa
lllllllllllllllllllll Defendants - Appellees
____________
Appeal from United States District Court
for the Southern District of Iowa - Des Moines
____________
Submitted: December 18, 2013
Filed: December 31, 2013
[Unpublished]
____________
Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.
____________
PER CURIAM.
Cord and Natashia Bowers brought a 42 U.S.C. § 1983 action arising out of
allegations that their infant daughter was unconstitutionally removed from Natashia
Bowers without objective reason to believe that abuse or neglect had occurred. The

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district court dismissed the complaint under Federal Rule of Civil Procedure1
12(b)(6), and the Bowers appeal. Upon careful de novo review of the record below,
and the submissions before us on appeal, we conclude that the district court did not
err in dismissing the complaint as failing to state a claim and as raising claims that
were barred by qualified immunity. We also conclude that the district court did not
abuse its discretion in denying leave to amend the complaint.
Accordingly, we affirm. See 8th Cir. R. 47B.
______________________________
The Honorable John A. Jarvey, United States District Judge for the Southern1
District of Iowa.
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