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ROE v. TEXAS DEPT. OF PROTECTIVE & REG. SERVICES

No. 01-50711.

299 F.3d 395 (2002)

Mary ROE, Individually and as Next Friend of Jackie Doe, a Minor Child; John Doe, as Next Friend of Jackie Doe, a Minor Child, Plaintiffs-Appellees, v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES, et al., Defendants, Beverly Strickland, Individually and in Her Official Capacity, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied August 13, 2002.

Attorney(s) appearing for the Case

Robert Smead Hogan (argued), Gorsuch & Byrd, Lubbock, TX, for Plaintiffs-Appellees.

James C. Todd, Asst. Atty. Gen., Nancy Kathleen Juren, Asst. Atty. Gen. (argued), Austin, TX for Defendant-Appellant.

Scott W. Somerville, Purcellville, VA, for Amicus Curiae.

Before REAVLEY, SMITH and DENNIS, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

Mary Roe and John Doe, as parents and next friends of Jackie Doe, sued the Texas Department of Protective and Regulatory Services ("TDPRS") and social worker Beverly Strickland after Strickland visually searched Jackie's body cavities without a court order. The district court dismissed the claims against the TDPRS, and plaintiffs do not appeal that dismissal. The court, however, rejected Strickland's motion for summary judgment, and...

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