Judges Nix Lawsuit Over Infant’s Daycare Death

DENVER (CN) - The 10th Circuit ruled that a lawsuit against McKinney's Daycare, the center's owner and the state Department of Human Services over the death of a couple's 8-month-old daughter should be dismissed because it contains several "open-ended allegations."

Dustin Robbins and Melissa Gillum claimed DHS employees steered them to a privately owned daycare center in Tahlequah, Okla., where they could receive subsidized care for their daughter, Renee. While in the care of owner Carla Beth McKinney, Renee died from "blunt force trauma to the head." The death was deemed a homicide, and the state charged McKinney with first-degree murder.

Plaintiffs' lawsuit sought damages for alleged violations of Renee's constitutional rights and various torts related to her death.

But because the parents never to made it clear "exactly who is alleged to have done what to whom," the court said the couple failed to state a claim on which relief can be granted.

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