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BROWN v. YOUTH SERVICES INTERN. OF SOUTH DAKOTA

No. Civ 98-4165.

89 F.Supp.2d 1095 (2000)

Harvey BROWN, Jumal Frazier, Jason Johnson, Edward James Warner, by and through Colleen Warner, his Guardian ad Litem, Steve Higdem, by and through Doreen Mahoney, his Guardian ad Litem, Jesse Eliason, by and through Diane Bergland, his Conservator, Plaintiffs, v. YOUTH SERVICES INTERNATIONAL OF SOUTH DAKOTA, INC., d/b/a Chamberlain Academy, Defendant.

United States District Court, D. South Dakota, Southern Division.

March 15, 2000.

Attorney(s) appearing for the Case

Steven M. Johnson, Johnson, Heidepriem, Miner, Marlow & Janklow, Sioux Falls, SD, Gregory N. McEwen, McEwen Law Firm, Minneapolis, MN, for plaintiffs.

Edwin E. Evans, Cheryle Wiedmeier Gering, Davenport, Evans, Hurwitz & Smith, Sioux Falls, SD, for defendant.

MEMORANDUM OPINION AND ORDER

PIERSOL, Chief Judge.

Defendant, Youth Services International of South Dakota, Inc. ("the Academy"), has filed a motion for summary judgment on each count of a complaint which alleges that the Academy is liable for the sexual abuse, molestation, and exploitation committed by its former employee, James Johnson. Plaintiffs have also filed a motion to allow the jury to consider punitive damages. For the reasons stated below, the...

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