DUBBS v. HEAD START, INC.

Nos. 01-5098, 01-5177.

336 F.3d 1194 (2003)

Jack DUBBS, individually, and as father and next friend of Tiffani Dubbs, a minor; Francisco Aguirre, individually, and as father and next friend of Jessica Aguirre, a minor; Joy Brown, individually, and as mother and next friend of Marii Brown, a minor; Keenya Cowans, individually, and as mother and next friend of Keymiya Cowans, a minor; Shanika Crowley, individually, and as mother and next friend of Kwanita M. Crowley, a minor; Raichelle Loftin, individually, and as mother and next friend of Quenten Loftin, a minor; Elisha Porterfield, individually, and as mother and next friend of LaQuante Porterfield, a minor; Daphine Suddarth, individually, and as mother and next friend of Ronisha Suddarth, a minor, Plaintiff-Appellants, v. HEAD START, INC., an Oklahoma corporation; Independent SChool District, No. 1 of Tulsa County, Oklahoma; John Doe, Sued as Doe Government Agents 1 through 5, and John Does 1 through 10; John Does 1 Through 10; Peggy Doe, Defendants, and Community Action Project Of Tulsa County, Oklahoma, an Oklahoma not-for-profit corporation; Tulsa City-County Health Department; KD Enterprises, Inc., an Oklahoma corporation; Jackie Strayhorn, ARNP; Kim Baker, sued as: K. Baker, RN, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 21, 2003.


Attorney(s) appearing for the Case

Steven H. Aden, The Rutherford Institute, Charlottesville, VA, (John W. Whitehead, The Ruthersford Institute, Charlottesville, VA, Jack Y. Goree and Christopher Goree, Goree & Goree, P.C., Tulsa, OK, and Leah Farish, Tulsa, OK, with him on the briefs), for Plaintiffs-Appellants.

Kevin D. Jewell, Magenheim, Bateman & Helfand, P.L.L.C., Houston, TX, Roni S. Rierson, Atkinson, Haskins, Nellis, Holeman, Phipps, Brittingham & Gladd, Tulsa, OK, Scott B. Wood, Whitten, Nelson, McGuire, Wood, Terry, Roeslius & Dittrich, Tulsa, OK, (William S. Helfand and Barbara E. Roberts, Magenheim, Bateman & Helfand, P.L.L.C., Houston, TX; Galen L. Brittingham, Atkinson, Haskins, Nellis, Holeman, Phipps, Brittingham & Gladd, Tulsa, OK; Elizabeth A. Hart, Whitten, Nelson, McGuire, Wood, Terry, Roeslius & Dittrich, Tulsa, OK; John E. Dowdell and Christine D. Little, Norman, Wohlgemuth, Chandler, & Dowdell, Tulsa, OK, with them on the briefs) for Defendants-Appellees.

Before SEYMOUR and McCONNELL, Circuit Judges, and KRIEGER, District Judge.


McCONNELL, Circuit Judge.

In this civil rights action, parents of eight pre-school children enrolled in the Head Start program in Tulsa, Oklahoma, complain that their children were subjected to intrusive physical examinations, including genital examinations and blood tests, on school premises without parental notice or consent. They claim that the Head Start agency, defendant Tulsa Community Action Project, falsely represented to medical personnel that consent forms...

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