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CLINE v. STATE OF DCFS

No. 20041112-CA.

142 P.3d 127 (2005)

2005 UT App 498

Earl L. CLINE II, Plaintiff and Appellant, v. STATE of Utah, DIVISION OF CHILD AND FAMILY SERVICES, and/or Child Protective Services; and Judith Ann Forsyth aka Chris Forsyth, as an individual, Defendants and Appellees.

Court of Appeals of Utah.

Rehearing Denied December 20, 2005.

Certiorari Denied April 21, 2006.

Attorney(s) appearing for the Case

Earl L. Cline II, Salt Lake City, Appellant Pro Se.

Mark L. Shurtleff, Atty. Gen. and J. Clifford Petersen, Asst. Atty. Gen., Salt Lake City, for Appellees.

Before Judges BENCH, DAVIS, and McHUGH.

MEMORANDUM DECISION

McHUGH, Judge:

¶ 1 Earl L. Cline II appeals the trial court's dismissal with prejudice of his claims against the Division of Child and Family Services (DCFS) and DCFS employee Judith Ann Forsyth. We affirm in part and reverse in part.

BACKGROUND

¶ 2 "In determining whether the trial court properly granted a motion to dismiss, we accept the factual allegations in the complaint as true and consider them, and...

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