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ELWELL v. BYERS

Nos. 11-3172, 11-3174.

699 F.3d 1208 (2012)

Ann ELWELL; Greg Elwell, Plaintiffs-Appellees, v. Bob BYERS; Lynnea Kaufman, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

November 14, 2012.

Attorney(s) appearing for the Case

Carl W. Ossman ( Brian Dempsey and David W. Davies , with him on the briefs), State of Kansas — SRS Legal Division, Topeka, KS, for the Defendants-Appellants.

Charles T. Schimmel ( W. Greg Wright with him on the briefs), Beam-Ward Kruse Wilson Wright & Fletes LLC, Overland Park, KS, for the Plaintiffs-Appellees.

Before LUCERO, HOLLOWAY, and MATHESON, Circuit Judges.

LUCERO, Circuit Judge.

This case grows out of an avoidable tragedy. Ann and Greg Elwell were in the process of adopting T.S., a young boy who had been in their care almost his entire life. But approximately one month after a complaint of emotional abuse of another child in the Elwells' care — which all parties agree did not raise concerns for T.S.'s safety or welfare and was subsequently deemed unsubstantiated —...

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