MOE v. BROOKINGS COUNTY, SOUTH DAKOTA

No. 80-2111.

659 F.2d 880 (1981)

Keith MOE and Joanne Moe, individually and on behalf of their minor children, Billie, Brian, and Roberta Moe, Appellants, v. BROOKINGS COUNTY, SOUTH DAKOTA, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided October 2, 1981.


Attorney(s) appearing for the Case

John D. Wagner, argued, East River Legal Services, Brookings, S.D., for appellants.

Mark V. Meierhenry, Atty. Gen., LeAnn Larson Finke, Mark W. Barnett, argued, Asst. Attys. Gen., Pierre, S.D., Clyde R. Calhoon, Brookings County State's Atty., Brookings, S.D., for appellee.

Before McMILLIAN and ARNOLD, Circuit Judges, and HANSON, Senior District Judge.


ARNOLD, Circuit Judge.

The Moe family brought this action under 42 U.S.C. § 1983, alleging a violation of the Due Process Clause of the Fourteenth Amendment by reason of the failure of Brookings County, South Dakota, to administer the County Poor Relief program, S.D.C.L. §§ 28-13-1 et seq. (1976 & Supp.1980), in accordance with written, objective, and ascertainable standards. Plaintiffs sought declaratory, injunctive, and compensatory relief. Seven...

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