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BROWN EYES v. DEPT. OF SOCIAL SERVICES

No. 21668.

630 N.W.2d 501 (2001)

2001 SD 81

David BROWN EYES a/k/a David Brown Eyes Hostrawer and Jonette Brown Eyes a/k/a Jonette Burdine, Plaintiffs and Appellants, v. SOUTH DAKOTA DEPARTMENT OF SOCIAL SERVICES; James Ellenbecker, Secretary of Department of Social Services; Dennis Bendt, Department of Social Services; Linda Anderson; Beverly Lafferty; Joanna Mitchell; and Other Unnamed Social Workers, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 27, 2001.

Attorney(s) appearing for the Case

Rena M. Atchison of Langley-Atchison Law Office, Rapid City, SD, Attorneys for plaintiffs and appellants.

J. Crisman Palmer and Sarah Hirsch Wittmuss, Gunderson, Palmer, Goodsell & Nelson, Rapid City, SD, Attorneys for defendants and appellees.

GORS, Circuit Judge

¶ 1. David and Jonette Brown Eyes (Plaintiffs) appeal a summary judgment in favor of the Department of Social Services (Department), Department Secretary James Ellenbecker (Ellenbecker), Department District Manager Dennis Bendt (Bendt) and Social Workers Linda Anderson (Anderson), Beverly Lafferty (Lafferty) and JoAnna Mitchell (Mitchell). We affirm.

FACTS

¶ 2. S.V., born in 1990, and T.V., born in 1991, were Indian...

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