HEARTLAND ACADEMY COMMUNITY CHURCH v. WADDLE

No. 08-3723.

595 F.3d 798 (2010)

HEARTLAND ACADEMY COMMUNITY CHURCH, a Missouri not-for-profit corporation; CNS International Ministries, Inc., a Missouri not-for-profit corporation; Michael Bounds; Catherine Brown; James Crary; Cheryl Crary; Vicki Sowle; Brad Hampton; Terry Hans; Katherine Hans; Timothy Hans; Leigha Lawson; Toni Lewis; Toniece Sims; Diane Mamell; Nicholas Martinez; Susan McCoy; Chelsea Grinnall; Douglas O'Neill; Julie Roberts-Cole; Karen Roberts Torress, Plaintiffs/Appellees, Elyese Anderson; Russell Ayers; Cody Ayers; Michael J. Armstrong; Mary Alvesteffer; Jovani Bajana; Gordon Bold; Norma Bold; Christina Bold; Robert Bounds; Nancy Bounds; Jay Braun; Joseph Braun; James Brownfield; David Christensen; Becky Christensen; Jenna Christensen; Courtney Collins; Samantha Crary; Tyler Davis; Anthony Franklin; Catherine Franklin; Moriah Garza; Martha Hampton; Carolyn Hildebrand; Nicole Ward; Shawn Jarnigan; Tom Jarnigan; Donnie Johns; Carolyn Johns; Jonathan Johns; Jesse Mamell; Jennifer Martinez; Nicole Martinez; Paula McKinney; Richard Pollitt; Susan Pollitt; Jane White, Plaintiffs, v. Michael WADDLE, in his individual and official capacities; Jeff Hall, in his individual and official capacities; Cindy Ayers, in her individual and official capacities; Dana Martin, in her individual and official capacities; Denise Cross, in her individual and official capacities; Jerrie Jacobs-Kenner, in her individual and official capacities; Christine White, in her individual and official capacities; Donna Rohrbach, in her individual and official capacities; Pam McGowan, in her individual and official capacities; James Harrison, in his individual and official capacities; Mac Abernathy, in his individual and official capacities; Richard Engelhardt, in his individual and official capacities, Defendants/Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: February 8, 2010.


Attorney(s) appearing for the Case

Christopher J. Quinn, AAG, argued, St. Louis, MO, Diane Peters, AAG, on the brief, Jefferson City, MO, for appellants.

Timothy Belz, argued, St. Louis, MO, Al W. Johnson, on the brief, for appellee.

Before MURPHY, JOHN R. GIBSON, and RILEY, Circuit Judges.


RILEY, Circuit Judge.

This interlocutory appeal is the latest battle in a nearly decade-old conflict between Heartland Christian Academy (HCA) and the State of Missouri. The two not-for-profit corporations that own and operate HCA, Heartland Academy Community Church (HACC) and CNS International Ministries, Inc. (CNS), six former HCA students (Students), and thirteen parents of former HCA students (Parents) (collectively, Heartland) are suing twelve Missouri juvenile...

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