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THOMPSON v. ELLENBECKER

Civ. No. 94-4166.

935 F.Supp. 1037 (1995)

Maynard THOMPSON, Louis Flammond, Sr., and Pedro Red Hawk, Plaintiffs, v. James ELLENBECKER, in his capacity as Secretary of the South Dakota Department of Social Services, and his successors, executives and assigns, Terry Walter, in his capacity as Program Administrator, South Dakota Office of Child Support Enforcement, and his successors, executives and assigns, and Mike Mehlhaff, in his capacity as the Secretary of the South Dakota Department of Commerce, his successors, executives and assigns, Defendants.

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

September 18, 1995.

Attorney(s) appearing for the Case

B.J. Jones, Dakota Plains Legal Services, Mission, SD, for Plaintiffs.

David L. Braun, Charles McGuigan, Assistant Attorneys General, Pierre, SD, for Defendants.

MEMORANDUM OPINION AND ORDER

JOHN B. JONES, Senior District Judge.

Plaintiffs brought this action seeking a declaration that SDCL §§ 32-12-116 and 25-7A-56, which restrict the issuance or renewal of drivers and professional licenses to those persons owing more than $1,000 in child support arrears, violate various provisions of the United States Constitution. Plaintiffs seek a permanent injunction prohibiting the defendants from enforcing the said...

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