Mark D. Kimball and James P. Ware recently secured a significant victory before the United States Ninth Circuit Court of Appeals involving a wrongful death action MDK Law has brought on behalf of the estate of a deceased five-year-old child, G.B.  The issue on appeal was whether the school district and mandatory reporters were entitled to qualified immunity against MDK Law’s client’s 42 U.S.C. § 1983 claim.  In rejecting the district and mandatory reporter’s arguments, the Court stated that MDK Law presented sufficient evidence to raise an issue of material fact as to whether the mandatory reporters’ failure to act placed G.B. in a danger he would not have otherwise faced.  The Court further noted that issues of material fact existed as to whether the mandatory reporters acted with deliberate indifference because the mandatory reporters had specific knowledge regarding G.B.’s particular needs and familial history.

The matter is now remanded to the Federal District Court in the Eastern District of Washington.  The Ninth Circuit Court of Appeal’s opinion can be found here.

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