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PECK v. McCANN

No. 21-1125, No. 21-1127.

43 F.4th 1116 (2022)

Jessica PECK, Plaintiff-Appellee, v. Beth MCCANN, in her official capacity as the District Attorney of the Second Judicial District, State of Colorado, Defendant-Appellant, and Michelle Barnes, in her official capacity as Executive Director of the Colorado Department of Human Services, Defendant. Office of the Child Representative; Denver Human Services; Larimer County Human Services, Amici Curiae. Jessica Peck, Plaintiff-Appellee, v. Michelle Barnes, in her official capacity as Executive Director of the Colorado Department of Human Services, Defendant-Appellant, and Beth McCann, in her official capacity as the District Attorney of the Second Judicial District, State of Colorado, Defendant. Office of the Child Representative; Denver Human Services; Larimer County Human Services, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED August 9, 2022.

Attorney(s) appearing for the Case

Bianca E. Miyata , Assistant Solicitor General, Denver, Colorado, and Kendra K. Smith , Hall & Evans LLC, Denver, Colorado ( Philip J. Weiser , Attorney General; Anita M. Schutte , Second Assistant Attorney General; Aaron J. Pratt and Leeah B. Lechuga , Assistant Attorneys General, State of Colorado, Department of Law, Denver, Colorado; and Andrew D. Ringel , Hall & Evans LLC, Denver, Colorado, with them on the briefs), for Defendants-Appellants.

Thomas B. Kelley ( David A. Lane , with him on the briefs), Killmer, Lane & Newman, LLP, Denver, Colorado, for Plaintiff-Appellee.

Anna Ulrich , Crestone, Colorado filed an Amicus Curiae brief for the Office of the Child Representative, on behalf of Appellants.

Amy J. Packer and Robert A. Wolf , Assistant City Attorneys, Denver, Colorado, filed an Amicus Curiae brief for Denver Human Services, in support of Appellants.

David P. Ayraud , Fort Collins, Colorado, filed an Amicus Curiae brief for Larimer County, on behalf of Appellants.

Before MATHESON, EBEL, and PHILLIPS, Circuit Judges.

Plaintiff-Appellee Jessica Peck is an attorney who represents parents and other family members in child abuse cases in Colorado juvenile courts. She brought this suit against Defendant-Appellants, Colorado Executive Director of Health Services Michelle Barnes and Second Judicial District Attorney Beth McCann, to challenge the...

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