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CHRISSY F. BY MEDLEY v. MISS. D. OF PUBLIC WELFARE

No. 88-4716.

883 F.2d 25 (1989)

CHRISSY F., By Her Next Friend and Guardian Ad Litem Donna MEDLEY, Plaintiff-Appellant, v. MISSISSIPPI DEPARTMENT OF PUBLIC WELFARE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 11, 1989.

Attorney(s) appearing for the Case

Sheila Brogna, Legal Services For Children, Inc., Daniel S. Mason, Ronald Elsberry, San Francisco, Cal., for plaintiff-appellant.

Charles Bearman, Leslie Scott, Mike Moore, Atty. Gen., John T. Kitchens, Robert G. Jenkins, Asst. Attys. Gen., Jackson, Miss., for state defendants.

Thomas, McNeese, Aultman, Tyner, McNeese, Ruggin, Ltd., Columbia, Miss., for R. Douglass.

Larry O. Norris, Hattiesburg, Miss., for Timothy C. Foxworth.

Before GOLDBERG, JOHNSON, and DUHE, Circuit Judges.

DUHE, Circuit Judge:

Donna Medley appeals the district court's dismissal of a complaint alleging civil rights violations and pendent state claims which she filed on behalf of an infant, Chrissy F. We reverse and remand.

Medley's complaint alleges the following facts which, for present purposes, we assume to be true: Chrissy's father, Timothy Foxworth, sexually abused her. Her mother, Dorrie Singley, divorced Foxworth because of this behavior. A Mississippi...

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