Tobin

MEMORANDUM *

Jennifer L. and Christopher M. Tobin appeal from the district court’s grant of summary judgment in favor of state-actor *748 defendants Amy Cichowski, Victor Berdecia, Mary Kay Quinlan, and Eavanne O’Donoghue, on their 42 U.S.C. § 1983 action. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

We reject the Tobins’ contention that the district court misapplied the summary judgment standard by engaging in impermissible factfinding. The district court properly viewed the record in the light most favorable to the Tobins, but concluded that even in this light the Tobins failed to state a 42 U.S.C. § 1983 claim that would survive defendants’ assertion of qualified immunity. Nor did the district court err in striking certain exhibits the Tobins submitted. The Tobins failed to establish the relevance of these exhibits, both before the district court and before us.

We do not reach the question of whether the district court erred in concluding that, as a matter of law, the licensing of Little Fish’s daycare facility did not violate the Tobins’ due process rights under the state-created danger theory. Nor do we resolve whether these licensing activities are…