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DOE v. WESTBY

No. Civ. 74-5017.

383 F.Supp. 1143 (1974)

Jane DOE, on behalf of herself and all others similarly situated, Plaintiffs, v. Frithjof O. M. WESTBY, Individually and as Secretary of the South Dakota Department of Social Services, and Vern Woodard, Individually and as Director of the South Dakota Division of Social Welfare, Defendants.

United States District Court, D. South Dakota, W. D.

September 24, 1974.

Attorney(s) appearing for the Case

Michael A. Wolff, Daniel L. Jackson, Black Hills Legal Services, Inc., Rapid City, S. D., for plaintiffs; Patricia A. Butler, National Health Law Program, Los Angeles, Cal., of counsel.

Morton R. Wilkins, Jr., Rapid City, S. D., for defendant Woodard.

R. K. Krogstad, Pierre, S. D., for defendant Westby.

Before ROSS, Circuit Judge, and BENSON and BOGUE, District Judges.

MEMORANDUM OF DECISION AND ORDER

BENSON, District Judge.

In this action, plaintiff seeks declaratory and injunctive relief under 28 U.S. C. § 1343(3) and (4), and § 2201, and 42 U.S.C. § 1983. She challenges as unconstitutional, and seeks to restrain, a policy promulgated by the Social Services Department of the State of South Dakota in its administration of Chapter 28D.2 of the rules of the South Dakota Department of Social Services. Pursuant...

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