green
Positive treatment
Quoted verbatim 5×
31.8 score
“laintiff's general allegation that failed to make sure that would protect other students from 's known assaultive behavior is the kind of 'traditional tort law' claim that the supreme court has refused to translate into a due process deprivation.”
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993
2009
2026
Top citers, strongest first. 50 distinct citers.
How cited ↗
examined
Cited as authority (quoted)
K.P. v. Macon County R-1 School District
laintiff's general allegation that failed to make sure that would protect other students from 's known assaultive behavior is the kind of 'traditional tort law' claim that the supreme court has refused to translate into a due process deprivation.
examined
Cited as authority (quoted)
Thomas v. Town of Chelmsford
tate-mandated school attendance does not entail so restrictive a custodial relationship as to impose upon the state the same.duty to protect it owes to prison inmates, or to the involuntarily institutionalized.
examined
Cited as authority (quoted)
Gray v. University of Colorado Hospital Authority
we cannot agree with those who have suggested that one comment toward the end of the deshaney opinion ... signals the supreme court's approval of 1983 liability whenever a state actor has increased the risk of harm from private sources.
discussed
Cited as authority (quoted)
Margaret Gulley v. Firestone Building
e do not consider arguments raised for the first time on appeal.
discussed
Cited as authority (quoted)
Allen Henry McKinney v. United States
we do not consider arguments raised for the first time on appeal
examined
Cited as authority (rule)
Doe v. Wentzville R-IV School District
(3×)
Dist., 472 F.3d 1026 , 1030 (8th Cir. 2007); Shrum, 249 F.3d at 781 ; Dorothy J., 7 F.3d at 731.
discussed
Cited as authority (rule)
Earl Lee Hall, Jr. v. Tracy Taylor
App. P. 10(b) (discussing the appellant’s duty to order transcripts); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir. 1993) (per curiam) (explaining that the district court’s factual findings or evidence presented at trial could not be reviewed without a transcript); Schmid v. United Bhd. of Carpenters & Joiners of Am., 827 F.2d 384 , 386 (8th Cir. 1987) (per curiam) (explaining that, without a trial transcript, this court could not rule on the weight of the evidence).
discussed
Cited as authority (rule)
Walker v. Tuscaloosa County School Board
(2×)
There is no allegation that the State involuntarily placed [the plaintiff] in the [special needs Community-Based Instruction] program.” Id. at 732.
discussed
Cited as authority (rule)
Brittany Tovar v. Essentia Health
(2×)
Disk, 7 F.3d at 729, 734 (8th Cir. 1993).
discussed
Cited as authority (rule)
Doe v. Dallas Independent School District
There, the Eighth Circuit found that compulsory education laws did not create a special relationship between a student and his public school because “[pjublic school attendance does not render a child’s guardians unable to care for the child’s basic needs.” Id. at 732.
discussed
Cited as authority (rule)
Braden ex rel. M v. Mountain Home School District
Dist., 7 F.3d 729, 732 (8th Cir.1993) (public school had no constitutional duty to protect mentally retarded student who was raped in school by a student known to be violent and sexually assaultive, as “state-mandated school attendance does not entail so restrictive a custodial relationship as to impose upon the State the same duty to protect it owes to prison inmates”); Lee v. Pine Bluff Sch.
discussed
Cited as authority (rule)
Patel Ex Rel. A.H. v. Kent School District
Going a step further, most of these circuits have expressly held that combining in loco parentis duties with compulsory school attendance still does not create a “special relationship.” E.g., Hasenfus, 175 F.3d at 71 ; Doe v. Claiborne Cnty., 103 F.3d 495 , 510 (6th Cir.1996); Dorothy J., 7 F.3d at 732; Middle Bucks, 972 F.2d at 1368-73.
discussed
Cited as authority (rule)
Madhuri Patel v. Kent School District
E.g., id. [10] Going a step further, most of these circuits have expressly held that combining in loco parentis duties with compulsory school attendance still does not create a “special relationship.” E.g., Hasenfus, 175 F.3d at 71 ; Doe v. Clai- borne Cnty., 103 F.3d 495 , 510 (6th Cir. 1996); Dorothy J., PATEL v. KENT SCHOOL DISTRICT 9653 7 F.3d at 732; Middle Bucks, 972 F.2d at 1368-73.
discussed
Cited as authority (rule)
Sagan v. Sumner County Board of Education
Dist., 7 F.3d 729, 732 (8th Cir.1993); Maldonado v. Josey, 975 F.2d 727, 731 (10th Cir.1992), cert. denied, 507 U.S. 914 , 113 S.Ct. 1266 , 122 L.Ed.2d 662 (1993); D.R. v. Middle Bucks Area Vocational Technical Sch., 972 F.2d 1364 , 1372 (3d Cir.1992) (en banc), cert. denied, 506 U.S. 1079 , 113 S.Ct. 1045 , 122 L.Ed.2d 354 (1993); J.O. v. Alton Cmty. Unit Sch.
discussed
Cited as authority (rule)
Raybrun Bramlett v. Gloria Warren
P. 10(b)(1) (discussing appellant’s duty to order transcript); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir.1993) (per curiam) (district court’s factual findings after bench trial cannot be reviewed without transcript); Schmid v. United Bhd. of Carpenters & Joiners of Am., 827 F.2d 384 , 385-86 (8th Cir.1987) (per curiam) (where pro se appellant did not order trial transcript, this court could not review claims of judicial bias, evidentiary rulings, or sufficiency of evidence).
discussed
Cited as authority (rule)
Carrie A. Mallory v. Rebecca Lake Wood, etc.
P. 10(b)(1) (discussing appellant’s duty to order transcript); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir.1993) (per curiam) (district court’s factual findings after bench trial cannot be reviewed without transcript); Schmid v. United Bhd. of Carpenters & Joiners, 827 F.2d 384 , 385-86 (8th Cir.1987) (per curiam) (where pro se appellant did not order trial transcript, this court could not review evidentiary rulings or sufficiency of evidence).
discussed
Cited as authority (rule)
Reginald L. Dunahue v. Clarence Bass
Corp., 18 F.3d 1436, 1437 (8th Cir.1994); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir.1993) (per curiam); Schmid v. United Bhd. of Carpenters & Joiners of Am., 827 F.2d 384 , 385-86 (8th Cir.1987) (per curiam).
discussed
Cited as authority (rule)
Lee v. Pine Bluff School District
In Dorothy J., we joined three other circuits in holding that "state-mandated school attendance does not entail so restrictive a custodial relationship as to impose upon the State the same duty to protect it owes to prison inmates, or to the involuntarily institutionalized." 7 F.3d at 732 (internal citation omitted).
discussed
Cited as authority (rule)
Lee v. Pine Bluff School District
In Dorothy J., we joined three other circuits in holding that “state-mandated school attendance does not entail so restrictive a custodial relationship as to impose upon the State the same duty to protect it owes to prison inmates, or to the involuntarily institutionalized.” 7 F.3d at 732 (internal citation omitted).
discussed
Cited as authority (rule)
David C. Larson v. United States
P. 10(b)(1) (appellant’s duty to order transcript); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir.1993) (per curiam); Schmid v. United Bhd. of Carpenters & Joiners of Am., 827 F.2d 384 , 386 (8th Cir.1987) (per curiam).
discussed
Cited as authority (rule)
Sean Moore, a Disabled Person, by His Guardian Darlene Moore v. Terry Briggs
General allegations that management officials failed to ensure that staff would protect other residents from Hunn’s known assaul-tive behavior “is the kind of ‘traditional tort law1 claim that the Supreme Court has refused to translate into a due process violation.” Dorothy J., 7 F.3d at 733.
discussed
Cited as authority (rule)
Sean Moore v. Terry Briggs
General allegations that management officials failed to ensure that staff would protect other residents from Hunn’s known assaultive behavior “is the kind of ‘traditional tort law’ claim that the Supreme Court has refused to translate into a due process violation.” Dorothy J., 7 F.3d at 733.
discussed
Cited as authority (rule)
Eric Shields v. John E. Potter
P. 10(b)(2) and 10(c); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir.1993) (per curiam) (review of factual findings is foreclosed by pro se appellant’s failure to provide transcript as required by Rule 10(b) or request one at government expense).
examined
Cited as authority (rule)
Oldham Ex Rel. Young v. Cincinnati Public Schools
(3×)
also: Cited "see"
See DeShaney, 489 U.S. at 201 , 109 S.Ct. 998 ; Dorothy J., 7 F.3d at 729; Morlock v. West Cent.
discussed
Cited as authority (rule)
Shrum Ex Rel. Kelly v. Kluck
The Eighth Circuit held that no constitutional duty existed, stating: “Plaintiffs general allegation that the Centers and DHS failed to make sure that LRSD would protect other students from Louis C.’s known assaultive behavior is the kind of ‘traditional tort law* claim that the Supreme Court has refused to translate into a due process deprivation.” Id., 7 F.3d at 733.
discussed
Cited as authority (rule)
Elsie Alexander v. Pathfinder, Inc.
(2×)
also: Cited "see"
Dorothy J. v. Little Rock School District, 7 F.3d 729, 734 (8th Cir.1993).
discussed
Cited as authority (rule)
Elsie Alexander, Individually and as Guardian of Larry Alexander, an Incompetent Person v. Pathfinder, Inc. Colleen Black, Executive Director of Pathfinder, Inc., Individually and in Her Official Capacity Cindy Crook, Administrator of Pathfinder Home, Individually and in Her Official Capacity Tom Dalton, Director of the Arkansas Department of Human Services, in His Official Capacity Sheri Simon, Psychological .Consultant to Pathfinder,individually and in Her Official Capacity Marilyn Martin, Licensed Social Worker Consultant for Pathfinder, Individually and in Her Official Capacity and Colonel McLyle G. Zumwalt, Joan R. Zumwalt, Alton Johnston, Senator Max Howell, T. P. White, Robert Bamburg, Robert Ferguson, Jr., Senator Bill Gwatney, and Martha Lawhon, All Individually
(2×)
also: Cited "see"
Dorothy J. v. Little Rock School District, 7 F.3d 729, 734 (8th Cir. 1993).
cited
Cited as authority (rule)
Herbert Malone v. Brent Scott
App. P. 10(b); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir. 1993) (per curiam), or are meritless.
cited
Cited as authority (rule)
Herbert P. Malone v. Steve Walton
App. P. 10(b); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir. 1993) (per curiam).
discussed
Cited as authority (rule)
Wyke v. Polk County School Board
Absent that type of restraint, there can be no concomitant duty to provide for the student’s “safety and general well-being.” DeShaney, 489 U.S. at 200 ; see also Taylor v. Ledbetter, 818 F.2d 791, 797 (11th Cir. 1987) (holding that “a child involuntarily placed in a foster home is in a situation so analogous to a prisoner in a penal institution and a child in a mental health facility” that state can be held liable for failure to protect child against injuries caused by foster parents); Russell, 784 F.Supp. at 1581-84 (reasoning that state does not take responsibility for child’s e…
discussed
Cited as authority (rule)
Wyke v. Polk County School Board
Absent that type of restraint, there can be no concomitant duty to provide for the student's "safety and general well-being." DeShaney, 489 U.S. at 200 , 109 S.Ct. at 1005 ; see also Taylor v. Ledbetter, 818 F.2d 791, 797 (11th Cir.1987) (holding that "a child involuntarily placed in a foster home is in a situation so analogous to a prisoner in a penal institution and a child in a mental health facility" that state can be held liable for failure to protect child against injuries caused by foster parents); Russell, 784 F.Supp. at 1581-84 (reasoning that state does not take responsibility for ch…
discussed
Cited as authority (rule)
Ellis v. Norris
P. 10(b)(2); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir.1993) (per curiam); Schmid v. United Brotherhood of Carpenters & Joiners, 827 F.2d 384 , 386 (8th Cir.1987) (per curiam), cert. denied, 484 U.S. 1071 (1988), we conclude the district court's judgment was correct.
discussed
Cited as authority (rule)
Jerry Ellis v. Larry Norris
App. P. 10(b)(2); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir. 1993) (per curiam); Schmid v. United Brotherhood of Carpenters & Joiners, 827 F.2d 384 , 386 (8th Cir. 1987) (per curiam), cert. denied, 484 U.S. 1071 (1988), we conclude the district court&s judgment was correct.
discussed
Cited as authority (rule)
Wyke v. Polk County School Board
Absent that type of restraint, there can be no concomitant duty to provide for the student’s “safety and general well-being.” DeShaney, 489 U.S. at 200 , 109 S.Ct. at 1005 ; see also Taylor v. Ledbetter, 818 F.2d 791, 797 (11th Cir.1987) (holding that “a child involuntarily placed in a foster home is in a situation so analogous to a prisoner in a penal institution and a child in á mental health facility” that state can be held liable for failure to protect child against injuries caused by foster parents); Russell, 784 F.Supp. at 1581-84 (reasoning that state does not take responsibi…
discussed
Cited as authority (rule)
Carol Wyke, Individually and as Personal Representative of the Estate of Shawn David Wyke, a Minor Deceased v. Polk County School Board, Max Linton, Individually and as Principal of McLaughlin Junior High School of Polk County, and James Butler, Individually and as Vice-Principal of McLaughlin Junior High School of Polk County, Carol Wyke, Individually and as Personal Representative of the Estate of Shawn David Wyke, a Minor Deceased v. Polk County School Board, Max Linton, Individually and as Principal of McLaughlin Junior High School of Polk County, and James Butler, Individually and as Vice-Principal of McLaughlin Junior High School of Polk County
Absent that type of restraint, there can be no concomitant duty to provide for the student's "safety and general well-being." DeShaney, 489 U.S. at 200 , 109 S.Ct. at 1005 ; see also Taylor v. Ledbetter, 818 F.2d 791, 797 (11th Cir.1987) (holding that "a child involuntarily placed in a foster home is in a situation so analogous to a prisoner in a penal institution and a child in a mental health facility" that state can be held liable for failure to protect child against injuries caused by foster parents); Russell, 784 F.Supp. at 1581-84 (reasoning that state does not take responsibility for ch…
cited
Cited as authority (rule)
Reed v. Knox County Dept. of Human Services
Martinez v. California, 444 U.S. 277, 285 , 100 S.Ct. 553, 559 , 62 L.Ed.2d 481 (1980); Dorothy J., 7 F.3d at 733.
cited
Cited as authority (rule)
Gilbert v. Dunn
P. 10(b)(2); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir.1993) (per curiam).
cited
Cited as authority (rule)
Repolean Gilbert v. Scott Dunn
App. P. 10(b)(2); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir. 1993) (per curiam).
discussed
Cited as authority (rule)
Burrow Ex Rel. Burrow v. Postville Community School District
(2×)
DeSha *1209 ney, 489 U.S. at 189 , 109 S.Ct. at 1004 ; Dorothy J. v. Little Rock School District, 7 F.3d 729, 732 (8th Cir.1993); D.R. v. Middle Bucks Area Vocational Technical School, 972 F.2d 1364 (3d Cir.1992) (en banc), cert. denied, 506 U.S. 1079 , 113 S.Ct. 1045 , 122 L.Ed.2d 354 (1993).
discussed
Cited as authority (rule)
Wayne Kennedy and Alice Kennedy v. C. Keith Schafer John Twiehaus Robert O. Muether Jacqueline Howard Kelly Shaw and Peggy J. Dunlap
(2×)
See DeShaney, 489 U.S. at 200 , 109 S.Ct. at 1005 ; Dorothy J., 7 F.3d at 732. 25 Furthermore, the de facto evolution from voluntary to involuntary status based upon a worsening medical condition as suggested by our court would actually create a constitutional right to involuntary commitment status whenever a patient's condition is such that she could lawfully be detained.
discussed
Cited as authority (rule)
Shannon v. Ford Motor Co.
Ford relies on the uncontroversial general rule that the courts of appeals "do not consider arguments raised for the first time on appeal." See, e.g., Dorothy J. v. Little Rock School District, 7 F.3d 729, 734 (8th Cir. 1993).
discussed
Cited as authority (rule)
Frangena A. Shannon v. Ford Motor Co., a Delaware Corporation
Ford relies on the uncontroversial general rule that the courts of appeals “do not consider arguments raised for the first time on appeal.” See, e.g., Dorothy J. v. Little Rock School District, 7 F.3d 729, 734 (8th Cir.1993).
cited
Cited as authority (rule)
Wayne Kennedy v. C. Keith Schafer
See DeShaney, 489 U.S. at 200 ; Dorothy J., 7 F.3d at 732.
cited
Cited as authority (rule)
Sargi v. Kent City Board of Education
Dorothy J., 7 F.3d at 732; Maldonado, 975 F.2d at 732 ; D.R., 972 F.2d at 1371; J.O., 909 F.2d at 272.
discussed
Cited as authority (rule)
Sargi v. Kent City Board Of Education
Dorothy J., 7 F.3d at 732; Maldonado, 975 F.2d at 732 ; D.R., 972 F.2d at 1371; J.O., 909 F.2d at 272. 13 We find that the reasons given in these cases for the absence of such a duty in the classroom where school attendance is mandatory are even more compelling in the context of a student's presence on a school bus.
examined
Cited as authority (rule)
Bosley v. Kearney R-1 School District
(3×)
DeShaney, 489 U.S. at 198 , 109 S.Ct. at 1004 ; and Dorothy J. v. Little Rock School District, 7 F.3d 729, 732 (8th Cir.1993) (citations omitted) (holding that defendant school district was under no constitutional duty of care to protect mentally retarded public high school student from a sexual attack by another student while at school).
cited
Cited as authority (rule)
McCullough v. City of Jonesboro
App. P. 10(b); Van Treese v. Blome, 7 F.3d 729, 729 (8th Cir.1993) (per curiam).
discussed
Cited as authority (rule)
Walton v. Norris
The Magistrate Judge stated, however, that the "plaintiff does not contend that the procedures used in this case were inadequate...." We will not address arguments made for the first time on appeal, Dorothy J. v. Little Rock School District, 7 F.3d 729, 734 (8th Cir.1993), absent plain error, which is not present in this case. 6 As for the sufficiency of the evidence, we hold that the facts presented more than justify the decision to medicate Mr. Walton.
Retrieving the full opinion text from the archive…
William E. Van Treese
v.
Dennis Blome, Sheriff, Sued as Sheriff Dennis Bloom Don Zeller, Sued as Lt. Sheriff Donald Zeller Sergeant Sheriff Desotel Cedar Rapids, City of Jan Dooley, Rn Don Cannie Sgt. Houlahan Sgt. Hromidko
v.
Dennis Blome, Sheriff, Sued as Sheriff Dennis Bloom Don Zeller, Sued as Lt. Sheriff Donald Zeller Sergeant Sheriff Desotel Cedar Rapids, City of Jan Dooley, Rn Don Cannie Sgt. Houlahan Sgt. Hromidko
93-1445.
Court of Appeals for the Eighth Circuit.
Oct 13, 1993.
Cited by 10 opinions | Published
27 Fed.R.Serv.3d 583
William E. VAN TREESE, Appellant,
v.
Dennis BLOME, Sheriff, Sued as Sheriff Dennis Bloom; Don
Zeller, Sued as Lt. Sheriff Donald Zeller; Sergeant Sheriff
Desotel; Cedar Rapids, City of; Jan Dooley, RN; Don
Cannie; Sgt. Houlahan; Sgt. Hromidko, Appellees.
No. 93-1445.
United States Court of Appeals,
Eighth Circuit.
Submitted Oct. 5, 1993.
Decided Oct. 13, 1993.
Appeal from the United States District Court for the Northern District of Iowa; Robert Merhige, Jr., Senior Judge.
William E. Van Treese, pro se.
Mohammad H. Sheronick, Cedar Rapids, IA, argued, for appellees.
Before McMILLIAN, HANSEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
PER CURIAM.
[*~729]1
William E. Van Treese appeals the district court's[1] judgment for defendants following a bench trial in this 42 U.S.C. § 1983 action. We affirm.
[*~730]2
Van Treese filed a series of complaints against Linn County Sheriff Dennis Blome; Lieutenant Donald Zeller; Sergeants Desotel, Houlahan, and Hromidiko; Nurse Jan Dooley; the City of Cedar Rapids; and Don Cannie. Van Treese claimed defendants violated his equal rights, unconstitutionally denied him access to the courts, were deliberately indifferent to his medical needs, and violated the Due Process Clause and the Eighth Amendment. After a bench trial, the district court dismissed with prejudice all of the defendants.
[*~732]3
We cannot review the district court's factual findings, refusal to call witnesses, or denial of Van Treese's motions, as Van Treese did not provide a trial transcript as required by Fed.R.App.P. 10(b), and he did not request one at government expense. See Schmid v. United Bhd. of Carpenters, 827 F.2d 384, 386 (8th Cir.1987) (per curiam) (appellant's failure to provide a complete transcript makes it impossible to review evidence presented at trial), cert. denied, 484 U.S. 1071, 108 S.Ct. 1041, 98 L.Ed.2d 1004 (1988). Further, Van Treese has not explained in his brief how he was prejudiced by the district court's refusal to call witnesses and denial of his motions. See Estes v. Texas, 381 U.S. 532, 542-43, 85 S.Ct. 1628, 1632-33, 14 L.Ed.2d 543 (1965) (most due process claims require specific showing of prejudice); Griffin-Bey v. Bowersox, 978 F.2d 455, 456 (8th Cir.1992) (per curiam) (citing Estes).
[*~733]4
Accordingly, we affirm.
1
The Honorable Robert R. Merhige, Jr., Senior United States District Judge for the Eastern District of Virginia, sitting by designation in the Northern District of Iowa