K.B. v. Michael Waddle, 764 F.3d 821

K.B. is a minor who was sexually assaulted by another juvenile at a public pool in summer 2003.
In Feb. 2003, S.H. told Beatrice Dovin at the Center that he would assault K.B.; the threat was communicated to four public officials.
The officials did not report the threat to K.B.'s parent.
K.B. sued the officials in state court, alleging Fourteenth Amendment due process violation and state-law negligence claims.
The district court granted judgment on the pleadings/summary judgment for the officials on both sets of claims.
The Eighth Circuit affirmed, holding no due process violation and official immunity for negligence claims.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether failure to warn violated due process	K.B. argues state-created danger and duty to warn	Officials argue no custodial or danger-creating duty	No due process violation; exceptions not met
Whether qualified immunity applies to the due process claim	K.B. maintains a constitutional right was violated	Officials rely on qualified immunity	Qualified immunity applies; district court correct
Whether official immunity bars state-law negligence claims	Bradley duty extends to officials as a mandatory duty	Duty discretionary; immunity applies	Officials entitled to official immunity; negligence claims barred
Whether Missouri child-abuse reporting statute makes reporting ministerial	Statute imposes ministerial duty to report	Duty is discretionary based on reasonable cause	Reporting duty discretionary; official immunity applies

DeShaney v. Winnebago Cnty. Dep’t of Soc. Servs., 489 U.S. 189 (U.S. 1989) (failure to protect generally constitutional only in custody or danger-creation)
Hart v. City of Little Rock, 432 F.3d 801 (8th Cir. 2005) (state owes protective duty only in custody or danger-creation)
Carlton v. Cleburne Cnt., Ark., 93 F.3d 505 (8th Cir. 1996) (affirmative creation of danger not shown)
Freeman v. Ferguson, 911 F.2d 52 (8th Cir. 1990) (state-created danger; delineates non-application here)
Kallstrom v. City of Columbus, 136 F.3d 1055 (6th Cir. 1998) (warning/addresses not dispositive; not applicable)
Larson v. Miller, 76 F.3d 1446 (8th Cir. 1996) (reasonable-cause discretion in reporting not ministerial)
Lee v. Pine Bluff Sch. Dist., 472 F.3d 1026 (8th Cir. 2007) (not in state custody; no heightened duty)
Dorothy J. v. Little Rock Sch. Dist., 7 F.3d 729 (8th Cir. 1993) (custodial-related protections; not here)
Bradley v. Ray, 904 S.W.2d 302 (Mo. Ct. App. 1995) (common-law duties do not override official immunity)
Southers v. City of Farmington, 263 S.W.3d 603 (Mo. 2008) (official immunity for discretionary acts)
Nguyen v. Grain Valley R-5 Sch. Dist., 353 S.W.3d 725 (Mo. Ct. App. 2011) (discretionary ministerial distinction test)