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ABDOUCH v. BURGER

No. 04-3966.

426 F.3d 982 (2005)

Melissa ABDOUCH, Plaintiff-Appellant, v. Vicki BURGER; Raina Boyum; Kathrin Betzing; Alison Downs, in their individual capacities and in their capacities as employees of the South Dakota Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: October 20, 2005.

Attorney(s) appearing for the Case

Michael D. Bornitz, argued, Sioux Falls, South Dakota, for appellant.

Matthew T. Tobin, argued, Sioux Falls, South Dakota (Shannon Falon, on the brief), for appellee.

Before MELLOY, BEAM, and BENTON, Circuit Judges.

MELLOY, Circuit Judge.

Melissa Abdouch brought this action under 42 U.S.C. § 1983 against the defendants, a group of South Dakota social workers. She alleged that after the defendants discovered her infant son had seventeen broken bones, they violated her constitutional rights by removing him from her care for a period of approximately seven months. The district court1 found the defendants entitled to qualified immunity and granted...

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