E.F.W. v. ST. STEPHEN'S INDIAN HIGH SCHOOL

No. 00-8002.

264 F.3d 1297 (2001)

E.F.W.; and A.T.B., by and through her next friend, E.F.W., Plaintiffs-Appellants, v. ST. STEPHEN'S INDIAN HIGH SCHOOL; Shoshone and Arapahoe Tribal Social Services; R. Kelly Proctor; Lisa Cook-Gambler, individually, and as an employee of Fremont Counseling Services; Fremont Counseling Services; Thomas S. Kennah; Darrell L. Lone Bear, Sr.; Susan Donnell, M.D.; and Kelly Elertson-Johnson, Defendants-Appellees, and Louis Mosquea, BIA police officer; William Falls Down, Sergeant, BIA police officer; and Anup Sidhu, M.D., Defendants.

United States Court of Appeals, Tenth Circuit.

September 11, 2001.


Attorney(s) appearing for the Case

Donald J. Rissler of Central Wyoming Law Associates, P.C., Riverton, WY (John R. Hursch of Central Wyoming Law Associates, P.C., Riverton, WY; John W. Whitehead, The Rutherford Institute, Charlottesville, VA, with him on the brief) for Plaintiffs-Appellants.

Stuart R. Day of Williams, Porter, Day & Neville, P.C., Casper, WY, for Defendants-Appellees St. Stephen's Indian High School, R. Kelly Proctor, and Kelly Elertson-Johnson.

John C. Schumacher of Law Office of John Schumacher, Fort Washakie, WY, (Richard M. Berley of Ziontz, Chestnut, Varnell, Berley & Slonim, Seattle, WA, with him on the brief), for Defendants-Appellees Shoshone and Arapahoe Tribal Social Services, Thomas Kennah, and Darrell Lone Bear, Sr.

Judith Studer of Schwartz, Bon, Walker & Studer, LLC, Casper, WY, for Defendants-Appellees Fremont Counseling Service and Lisa Cook-Gambler.

Nicholas Vassallo, Assistant United States Attorney (David D. Freudenthal, United States Attorney, with him on the brief), Cheyenne, WY, for Defendant-Appellee Susan Donnell, M.D.

Before SEYMOUR, Circuit Judge, BRORBY, Senior Circuit Judge, and BROWN, District Judge.


SEYMOUR, Circuit Judge.

E.F.W. brought this civil rights action individually and on behalf of her minor daughter A.T.B. against Shoshone and Arapaho Tribal Social Services (SATSS), SATSS employees Thomas Kennah and Darrell Lone Bear, Saint Stephen's Indian Mission School, its social worker Kelly Elertson-Johnson and its principal R. Kelly Proctor, the Fremont Counseling Service and its employee Lisa Cook-Gambler, and Susan...

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