Cord Bowers v. Stephanie Yeoman, No. 13-2602 (8th Cir. 2013)

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Court Description: Civil case - Civil rights. District court's order dismissing Section 1983 complaint affirmed without comment. [ December 30, 2013

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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for the Southern District of Iowa - Des Moines ____________ Submitted: December 18, 2013 Filed: December 31, 2013 [Unpublished] ____________ Before MURPHY, SMITH, and SHEPHERD, Circuit Judges.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. ยง 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 district court1 dismissed the complaint under Federal Rule of Civil Procedure 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. ______________________________ 1 The Honorable John A. Jarvey, United States District Judge for the Southern District of Iowa. -2-

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