MANZANO v. SOUTH DAKOTA DEPT. OF SOCIAL SERVICES

Nos. 94-1572, 94-2494.

60 F.3d 505 (1995)

Edward J. MANZANO, Jr., Appellee, v. SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES; James W. Ellenbecker, in his individual and official capacity as Director of the Department of Social Services; Pia Wilkins, in her individual and official capacity with the Department of Social Services; Nancy Fleming, in her individual and official capacity with the Department of Social Services; Susan Walsh, in her individual and official capacity with the Department of Social Services; Defendants-Appellants, Pennington County, South Dakota, a local governmental body; Pennington County Sheriff's Department; Don Holloway, in his individual and official capacity as Pennington County Sheriff; Lynn McLane, in her individual and official capacity with the Pennington County Sheriff's Department, jointly and severally, Defendants. Edward J. MANZANO, Jr., Appellee, v. SOUTH DAKOTA DEPARTMENT OF OF SOCIAL SERVICES; James W. Ellenbecker, in his individual and official capacity as Director of the Department of Social Services; Pia Wilkins, in her individual and official capacity with the Department of Social Services; Nancy Fleming, in her individual and official capacity with the Department of Social Services; Susan Walsh, in her individual and official capacity with the Department of Social Services; Pennington County, South Dakota, a local governmental body; Pennington County Sheriff's Department; Don Holloway, in his individual and official capacity as Pennington County Sheriff; Defendants, Lynn McLane, in her individual and official capacity with the Pennington County Sheriff's Department, jointly and severally, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 25, 1995.


Attorney(s) appearing for the Case

Eric Rasmussen, Brookings, SD, argued for the Department of Social Services, et al. in 94-1572.

Donald Knudsen, Rapid City, SD, for Lynn McLane.

Gregory A. Eiesland, Rapid City, SD, argued, for appellee.

Before McMILLIAN, Circuit Judge, JOHN R. GIBSON, Senior Circuit Judge, and WOLLMAN, Circuit Judge.


McMILLIAN, Circuit Judge.

In this consolidated appeal, four officials of the South Dakota Department of Social Services (SDDSS) and a deputy with the Pennington County, South Dakota Sheriff's Department (collectively referred to as "appellants") appeal two orders entered in the United States District Court for the District of South Dakota denying their respective motions for summary judgment based on qualified immunity. For reversal, appellants argue that the district...

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