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GAKIN v. CITY OF RAPID CITY

No. 23348.

698 N.W.2d 493 (2005)

2005 SD 68

Maria GAKIN and Frederick Eagle Tail, Jr., Plaintiffs and Appellants, v. CITY OF RAPID CITY, South Dakota, a Political Subdivision, Mt. View Cemetery, a Municipal Entity, and Tom Vallette, employee, and Jerry Zimmerman, employee, and John Does Three Through Five, Jointly, Severally and in their Individual Capacities, Defendants and Appellees.

Supreme Court of South Dakota.

Decided June 1, 2005.

Attorney(s) appearing for the Case

Robin L. Zephier of Abourezk & Zephier, Rapid City, South Dakota, Attorneys for plaintiffs and appellants.

Michael S. Booher, Assistant City Attorney and Jason E. Green, City Attorney, Rapid City, South Dakota, Attorneys for defendants and appellees.

SABERS, Justice.

[¶ 1.] Maria Gakin and Frederick Eagle Tail, Jr. filed suit alleging that cemetery employees moved the grave of their deceased infant son without their consent. The city of Rapid City (City), which owns and operates the cemetery, denies these accusations. The trial court granted the City's motion for summary judgment on all state claims based on failure to file notice of claim within 180 days pursuant to SDCL 3-21-2 and on all federal civil rights...

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