[Download] "Ruiz V. Mcdonnell" by Tenth Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Ruiz V. Mcdonnell
- Author : Tenth Circuit U.S. Court of Appeals
- Release Date : January 08, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Plaintiff-Appellant, Rose Ruiz, filed this action alleging violations of her and her deceased son's Fourteenth Amendment substantive due process rights under 42 U. S. C. § 1983 against Defendants-Appellees Colorado Department of Human Services ("CDHS") and Barbara McDonnell, Executive Director of CDHS (collectively referred to as the "State Defendants"), and John Does numbers one through four. Ms. Ruiz also brought ancillary state law tort and contract claims against Defendants-Appellees Renee Gallegos, Charles Gallegos, Victoria Gallegos and Leroy Gallegos (collectively referred to as the "Private Defendants"). The State Defendants moved to dismiss Ms. Ruiz's claims against them pursuant to Fed. R. Civ. P. 12(b)(1) and 12(b)(6). The district court granted the motion pursuant to Rule 12(b)(6) and, declining to exercise supplemental jurisdiction over Ms. Ruiz's remaining state law claims, dismissed without prejudice all Defendants except Renee Gallegos. The district court subsequently entered default judgment against Renee Gallegos pursuant to Fed. R. Civ. P. 55. Ms. Ruiz appeals the district court's order granting the State Defendants' motion to dismiss. We exercise jurisdiction pursuant to 28 U. S. C. § 1291 and AFFIRM.