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DOE v. WOODARD

No. 18-1066.

912 F.3d 1278 (2019)

Jane DOE; I.B., Plaintiffs-Appellants, v. April WOODARD, in Her Individual Capacity; Christina Newbill, in Her Individual Capacity; Shirley Rhodus, in Her Individual Capacity; Richard Bengtsson, in His Individual Capacity; El Paso County Board of County Commissioners, Defendants-Appellees, and Reggie Bicha, in His Official Capacity as Executive Director of the Colorado Department of Human Services; Julie Krow, in Her Official Capacity as Executive Director of the El Paso County Department of Human Services, Defendants. Parental Rights Foundation; National Center for Housing and Child Welfare; National Coalition for Child Protection Reform; Parent Guidance Center; Mark Freeman; Pacific Justice Institute, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED January 3, 2019.

Attorney(s) appearing for the Case

Theresa Lynn Sidebotham , ( Jessica Ross with her on the brief), of Telios Law PLLC, Monument, Colorado, for Plaintiffs-Appellants.

Kenneth R. Hodges , Senior Assistant County Attorney ( Diana K. May , First Assistant County Attorney, with him on the brief), Colorado Springs, Colorado, for Defendants-Appellees.

Kevin T. Snider , Pacific Justice Institute, Sacramento, California, filed an Amicus Curiae brief for Pacific Justice, in support of Appellants.

Darren A. Jones and James R. Mason, III , Purcellville, Virginia, Martin Guggenheim and Carolyn Kubitschek , Alexandria, Virginia, Diane Redleaf , College Park, Maryland, and Mark Freeman , Media, Pennsylvania, filed an Amici Curiae brief for Parental Rights Foundation, National Center for Housing and Child Welfare, National Coalition for Child Protection Reform, Parent Guidance Center, and Mark Freeman, Esq., in support of Appellants.

Before BRISCOE, LUCERO, and MATHESON, Circuit Judges.

I.B., a minor child, and her mother, Jane Doe (collectively, "Does"), claim that April Woodard, a caseworker from the El Paso County Department of Human Services ("DHS"), a state agency, wrongfully searched I.B. at the Head Start preschool program in Colorado Springs. Without consent or a warrant, Ms. Woodard partially undressed...

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