DOE v. NEBRASKA

No. 02-2014NE.

345 F.3d 593 (2003)

John Doe; Mary Doe, Individually and as Husband and Wife, and; Jnt, by and through John Doe, his next friend; Jay Brummett, Personal Representative of the Estate of GayLynn Brummett, Plaintiffs — Appellees, United States of America, Intervenor — Appellee, v. The State of Nebraska; Department of Health and Human Services; Michael Johanns, Governor of the State of Nebraska, in his official capacity; Ron Ross, Director of the Nebraska Department of Health & Human Services, in his official capacity; Sandy Thompson, Child Protective Services Case Manager for the Nebraska Department of Health & Human Services, in her official capacity; Patricia Squires, Deceased, Child Protective Services Supervisor and Adoption Unit Supervisor for the Nebraska Department of Health & Human Services, in her official capacity; Daryl Wusk, Administrator of the Lincoln District Office of the Nebraska Department of Health & Human Services, in his official capacity, Defendants — Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: October 7, 2003.


Attorney(s) appearing for the Case

Paul R. Elofson, argued, Asst. Attorney General, Omaha, NE (Alan E. Pedersen, Asst. Attorney General, on the brief), for appellant.

Kevin Russell, argued, Attorney, U.S. Dept. of Justice, Appellate Section, Washington, DC (Jessica Dunsay Silver and Seth M. Galanter with the U.S. Dept. of Justice, Civil Rights Div., on the brief), for appellee.

D. Milo Mumgaard, argued, Lincoln, NE, for appellees Brummert, JNT, Mary Doe and John Doe.

Before BOWMAN, RICHARD S. ARNOLD, and BYE, Circuit Judges.


RICHARD S. ARNOLD, Circuit Judge.

GayLynn Brummett, through her estate, and Noah Brummett, a child adopted by Jay Brummett and GayLynn,1 sued the State of Nebraska, the Nebraska Department of Health and Human Services, and various state officials (collectively the defendants or Nebraska) for damages under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. The defendants moved for summary judgment on the § 504 claim...

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