SIMONS v. STATE, DEPT. OF HUMAN SERVICES

No. 20110012.

803 N.W.2d 587 (2011)

2011 ND 190

Ben SIMONS, Plaintiff and Appellant v. STATE of North Dakota, DEPARTMENT OF HUMAN SERVICES, Defendant and Appellee.

Supreme Court of North Dakota.

September 15, 2011.


Attorney(s) appearing for the Case

Rodney Ervin Pagel , Bismarck, N.D., for plaintiff and appellant.

Andrew Moraghan , Assistant Attorney General, Office of Attorney General, Bismarck, N.D., for defendant and appellee.


SANDSTROM, Justice.

[¶ 1] Ben Simons appealed from a district court judgment affirming an order of the Department of Human Services finding that Simons had abused his two-year-old child and that services were required. We affirm, concluding the Department's findings that Simons had inflicted bodily injury, as defined by statute, upon the child and used unreasonable force are supported by a preponderance of the evidence...

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