MITCHELL v. DAKOTA COUNTY SOCIAL SERVICES

No. 19-1419.

959 F.3d 887 (2020)

Dwight D. MITCHELL, individually and on behalf of his children X.M. and A.M.; Bryce Mitchell; Stop Child Protection Services From Legally Kidnapping, Plaintiffs-Appellants, v. DAKOTA COUNTY SOCIAL SERVICES; Patrick Coyne, individually and in his official capacity as Executive Director of Dakota County Social Services; Joan Granger-Kopesky, individually and in her official capacity as Deputy Director of Dakota County Social Services; Leslie Yunker, individually and in her official capacity as Supervisor of Dakota County Social Services; Diane Stang, individually and in her official capacity as Supervisor of Dakota County Social Services; Susan Boreland, individually and in her official capacity as Social Worker of Dakota County Social Services; Chris P'Simer, individually and in his official capacity as Social Worker of Dakota County Social Services; Christina Akolly, individually and in her official capacity as Social Worker of Dakota County Social Services; Jacob Trotzky-Sirr, individually and in his official capacity as Guardian ad Litem of Dakota County; Tanya Derby, individually and in her official capacity as Public Defender of Dakota County; Kathryn Scott, individually and in her official capacity as Assistant County Attorney of Dakota County; Elizabeth Swank, individually and in her official capacity as Assistant County Attorney of Dakota County; Lucinda Jesson, individually; County of Dakota; Pamela Wheelock, in her official capacity as Acting Commissioner of Minnesota Department of Human Services Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 19, 2020.


Attorney(s) appearing for the Case

Erick G. Kaardal , William F. Mohrman , Mohrman & Kaardal, Minneapolis, MN, for Plaintiffs-Appellants.

Helen R. Brosnahan , Jeffrey A. Timmerman , William Michael Topka , Dakota County Attorney's Office, Hastings, MN, for Defendant-Appellee Dakota County Social Services.

Helen R. Brosnahan , Jeffrey A. Timmerman , Dakota County Attorney's Office, Hastings, MN, for Defendants-Appellees Patrick Coyne, Joan Granger-Kopesky, Leslie Yunker, Diane Stang, Susan Boreland, Chris P'Simer, Christina Akolly, Kathryn Scott, Elizabeth Swank, Lucinda Jesson, County of Dakota.

Kathryn Iverson Landrum , Assistant Attorney General, Attorney General's Office, Saint Paul, MN, Jeffrey A. Timmerman , Dakota County Attorney's Office, Hastings, MN, for Defendants-Appellees Jacob Trotzky-Sirr, Tanya Derby, Pamela Wheelock.

Before ERICKSON, GRASZ, and KOBES, Circuit Judges.


Dwight D. Mitchell ("Mitchell"), his three children, and Stop Child Protection Services from Legally Kidnapping (collectively "the plaintiffs") brought this action in response to a Child in Need of Protection of Services ("CHIPS") proceeding by Dakota County Social Services ("DCSS...

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