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MITCHELL v. EL PUEBLO BOYS AND GIRLS RANCH, INC.

Civil Action No. 14-cv-01068-WYD-BNB.

LISA MITCHELL, Sa.M., by and through is next friend, MICHAEL LaJOIE, T.L. by and through his next friend Lorraine Ortega, J.R.M., by and through her next friend William Montez, and Su.M., by and through his next friend, RICHARD MURRAY, Plaintiffs, v. EL PUEBLO BOYS AND GIRLS RANCH, INC., an adolescent treatment community, SHERRI BACA, President and CEO of El Pueblo, in her personal capacity for damages, JOHN DOES 1-10, employees of El Pueblo in their personal capacity for damages, CINDY HOWARD, Weld County DHS in her personal capacity for damages, JANE DOE 1, Pursuant County DHS in his personal capacity for damages, and JANE DOE 2, Arapahoe County DHS in his personal capacity for damages, Defendants.

United States District Court, D. Colorado.

January 20, 2015.

Attorney(s) appearing for the Case

Lisa Mitchell, Plaintiff, represented by Alison Lee Ruttenberg, Alison L. Ruttenberg, Attorney at Law.

J. R. M., Plaintiff, represented by Alison Lee Ruttenberg, Alison L. Ruttenberg, Attorney at Law.

Su. M., Plaintiff, represented by Alison Lee Ruttenberg, Alison L. Ruttenberg, Attorney at Law.

Sa. M., by and through his next friend Michael LaJoie, Plaintiff, represented by Alison Lee Ruttenberg, Alison L. Ruttenberg, Attorney at Law.

T. L., by and through his next friend Lorriane Ortega, Plaintiff, represented by Alison Lee Ruttenberg, Alison L. Ruttenberg, Attorney at Law.

Cindy Howard, in her personal capacity for damages, Defendant, represented by Gillian Dale, Hall & Evans, LLC & Thomas John Lyons, Hall & Evans, LLC.

Sherri Baca, in her personal capacity for damages, Defendant, represented by John Polk Craver, White & Steele, P.C. & Robin Lynette Bowers, White & Steele, P.C..

El Pueblo Boys and Girls Ranch, Inc., Defendant, represented by John Polk Craver, White & Steele, P.C. & Robin Lynette Bowers, White & Steele, P.C..

ORDER

WILEY Y. DANIEL, Senior District Judge.

I. INTRODUCTION AND BACKGROUND

This matter is before the Court on Defendant Cindy Howard's Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6) (ECF No. 17). The motion is denied as set forth below.

In this action, Plaintiffs bring two federal constitutional claims against Defendant Cindy Howard, who is a case worker with the Weld County Department of Social Services ("DHS"). The...

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