HEARTLAND ACADEMY COMMUNITY CHURCH v. WADDLE

No. 04-2474.

427 F.3d 525 (2005)

HEARTLAND ACADEMY COMMUNITY CHURCH, a Missouri Not-for-Profit Corporation; CNS International Ministries, Inc., a Missouri Not-for-Profit Corporation; Tracy Leftwich; David Christensen; Becky Christensen; Paula McKinney; Del McKinney; Jennifer Armstead; Peggy White; Sam Perumalla; Sheela Perumalla; Jim Brownfield; Cheryl Crary; Jim Crary; David Lawson; Marilyn Lawson; Susan McCloy; John McCloy; Denver Barry Selser; Ross Dale; Tina Dale; Shawn Jarnigan; Amy Jarnigan; Brad Hampton; Martha Hampton, Plaintiffs-Appellees, v. Michael WADDLE, in his individual and official capacities, Defendant-Appellant, David Parrish, in his individual and official capacities; Patricia McAfee, in her individual and official capacities; Lewis County, Missouri; Missouri Department of Social Services; Cindy Kennel Ayers, in her individual and official capacities, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: October 14, 2005.


Attorney(s) appearing for the Case

C. Gail Vasterling, argued, Asst. Atty. Gen., Jefferson City, MO (James R. McAdams, Asst. Atty. Gen., Jefferson City, MO, Cheryl A. Schuetze, Special Asst. Atty. Gen., Birmingham, AL, on the brief), for appellant.

Timothy Belz, argued, St. Louis, MO (Robert T. Haar, on the brief), for appellee.

Before MORRIS SHEPARD ARNOLD, BOWMAN, and RILEY, Circuit Judges.


BOWMAN, Circuit Judge.

Michael Waddle appeals from the judgment of the District Court1 granting injunctive and declaratory relief to Heartland Academy Community Church and CNS International Ministries, Inc. (collectively, Heartland). We affirm.

I.

The facts leading up to this lawsuit are set forth in great detail in the District Court's Memorandum and Order, Heartland Academy Community Church v. Waddle,

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