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DOE v. NORTH HOMES, INC.

No. 20-1974.

11 F.4th 633 (2021)

Jane DOE, (a pseudonym), Plaintiff-Appellant v. NORTH HOMES, INC., individually, doing business as North Homes Children and Family Services and I.T.A.S.K.I.N. Juvenile Center; Devin Michael Wood, in his individual capacity; Connie Ross, in her individual and official capacities; John Does 1-5, in their individual capacities; John Does 6-10, in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 24, 2021.

Attorney(s) appearing for the Case

Paul Convery Dworak , Jeffrey S. Storms , Newmark & Storms, Jeffrey M. Montpetit , Sieben & Carey, Minneapolis, MN, for Plaintiff-Appellee.

Monica Detert , Stephen Paul Laitinen , Mark A. Solheim , Larson & King, Saint Paul, MN, for Defendants-Appellees North Homes, Inc., individually, doing business as North Homes Children and Family Services and I.T.A.S.K.I.N. Juvenile Center, Connie Ross.

Devin Michael Wood, Duluth, MN, Pro Se.

Before GRUENDER, BENTON, and GRASZ, Circuit Judges.

North Homes, Inc. confined fifteen-year-old Jane Doe in its residential correctional unit where an employee sexually assaulted her for three days. No one intervened. In this case, we decide whether Doe plausibly alleged that North Homes—a private entity —qualifies as a state actor under 42 U.S.C. § 1983....

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