In plaintiffs' action raising substantive due process claims under 42 U.S.C. section 1983 and state law claims under Rhode Island negligence law for damages against two state employees of the Department of Children, Youth, and Families (DCYF), grant of judgment as a matter of law to the defendants under Rule 50(a) is affirmed as the district court properly granted defendants qualified immunity on the section 1983 action and judgment for defendants pursuant to state sovereign immunity and qualified immunity defenses under Rhode Island state law.
Appeal from the United States District Court for the District of Rhode Island
Decided January 27, 2010
Opinion by Lynch, Chief Judge
For Appellant: Thomas L. Mirza and Pelletier & Mirza, LLP
For Appellee: Genevieve M. Allaire Johnson, Special Assistant Attorney General, Patrick C. Lynch, Attorney General