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COTTON v. STATE OF S.D., BY AND THROUGH S.D. DSS

Civ. No. 93-4174.

843 F.Supp. 564 (1994)

Kenneth W. COTTON, as Guardian Ad Litem for Shawn Thennis and Shannon Thennis, both minors; and Travis Thennis, Individually, Plaintiffs, v. STATE OF SOUTH DAKOTA By and Through the SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES, and James W. Ellenbecker, its Secretary; and Kathy Stange and Paula Bierle, individually and in their official capacities with the South Dakota Department of Social Services, Defendants.

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

February 15, 1994.

Attorney(s) appearing for the Case

Thomas E. Alberts, Avon, SD, Lee A. Tappe, Platte, SD, for plaintiffs.

Eric N. Rasmussen, Brookings, SD, for defendants.

MEMORANDUM OPINION and ORDER

JOHN B. JONES, Chief Judge.

PROCEDURAL HISTORY

Plaintiffs filed this action in Circuit Court for the First Judicial Circuit of the State of South Dakota. Essentially, the complaint alleges that the Defendants knew, or should have known, that Shawn, Shannon, and Travis Thennis were the victims of physical and sexual abuse at the hands of their father and others. The complaint further alleges that Defendants had...

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