BARRON EX REL. D.B. v. SOUTH DAKOTA BD. OF REGENTS

No. 10-3426.

655 F.3d 787 (2011)

Barry and Kimberly BARRON, for themselves, on behalf of D.B. and N.B., their minor children; Joel and Deanne Curran, for themselves, on behalf of J.C. and A.C., their minor children; Leo Willey and Jennifer Dans-Willey, for themselves, on behalf of S.W. and T.W., their minor children; Cindy Sparks, for herself, on behalf of K.S., her minor child; Timothy and Teresa Nold, for themselves, on behalf of I.N., their minor child, and other parents and District Court for the children so similarly situated, Plaintiffs/Appellants, v. SOUTH DAKOTA BOARD OF REGENTS; Dr. Robert Tad Perry, in his individual capacity as former Director for the South Dakota Board of Regents; Dr. Jack Warner, in his individual capacity Director for the South Dakota Board of Regents, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: September 9, 2011.


Attorney(s) appearing for the Case

Shawn M. Nichols , argued, Steven W. Sanford , on the brief, Sioux Falls, SD, for appellant.

Edwin E. Evans , argued, Shane Erik Eden , on the brief, Sioux Falls, SD, for appellee.

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.


WOLLMAN, Circuit Judge.

The plaintiffs, parents of deaf and hearing impaired children (the parents), brought suit against the South Dakota Board of Regents (the Board), Dr. Robert Perry, and Dr. Jack Warner (collectively, the defendants), claiming that the closure of the South Dakota School for the Deaf (the school) and the discontinuation of its programs at the school's campus violated state and federal law. The complaint sought, among other things, class certification...

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