PJ EX REL. JENSEN v. WAGNER

Nos. 08-4197, 08-4206.

603 F.3d 1182 (2010)

PJ, a minor, by and through his parents and natural guardians Barbara and Daren JENSEN; Daren Jensen, individually; Barbara Jensen, individually, Plaintiffs-Appellants/Cross-Appellees, v. Lars M. WAGNER, in his individual capacity; Karen H. Albritton, in her individual capacity, Defendants-Appellees/Cross-Appellants, and Kari Cunningham, in her individual capacity; Richard Anderson, in his individual and official capacities; Susan Eisenman, in her individual capacity, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 5, 2010.


Attorney(s) appearing for the Case

Karra J. Porter (Roger P. Christensen and Sarah E. Spencer, with her on the briefs), Christensen & Jensen, P.C., Salt Lake City, UT, appearing for Appellants/Cross-Appellees.

Andrew M. Morse (David G. Williams and R. Scott Young, with him on the briefs), Snow, Christensen & Martineau, Salt Lake City, UT, appearing for Appellees/Cross-Appellants Wagner and Albritton.

Bridget K. Romano, Assistant Attorney General (Mark L. Shurtleff, Utah Attorney General, with her on the brief), Office of the Attorney General for the State of Utah, Salt Lake City, UT, appearing for Appellees Cunningham, Anderson, and Eisenman.

Before TACHA, ALARCÓN, and TYMKOVICH, Circuit Judges.


TACHA, Circuit Judge.

There is perhaps no more delicate constitutional barrier protecting individual freedom from governmental interference than that which protects against state interference with parental autonomy. The Supreme Court has long recognized that "[t]he child is not the mere creature of the state," Pierce v. Society of Sisters, 268 U.S. 510, 535, 45 S.Ct. 571, 69 L.Ed. 1070...

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