B.A.B., et al v. The Board of Education, et al

Plaintiffs, a fifth grade student and his mother, commenced this action against the St. Louis Board of Education and two nurses, asserting Fourth Amendment and substantive due process claims under 42 U.S.C. 1983 and state law claims for negligence and negligent supervision. The student was administered an H1-N1 shot by a school nurse despite telling the nurse, and presenting a signed parental form confirming, that his mother did not consent to the vaccination. The court held that the district court correctly noted that a local government entity, such as the Board, could not be sued under section 1983 respondeat superior theory of liability; plaintiffs' failure to train claims against the Board were properly dismissed for either failure to plead a plausible claim or failure to state a claim; and claims against Nurse Clark were dismissed because the nurse was acting within her official capacity and had immunity from suit. View "B.A.B., et al v. The Board of Education, et al" on Justia Law