Jeff D. v. Kempthorne

365 F.3d 844 JEFF D., John M., Paula E., Dusty R., minors individually and on behalf of the class they represent by and through their friend Charles Johnson, Plaintiffs-Appellees, v. Dirk KEMPTHORNE, individually and in his official capacity as Governor of the State of Idaho; Marilyn Howard, individually and in her official capacity as State Superintendent of Public Instruction of the Idaho State Department of Education; Karl Kurtz, individually and in his official capacity as Director of the Idaho Department of Health and Welfare; George Bachik, William G. Gruzenski, individually and in their official capacities as Directors of State Hospital South, and their successors, * Defendants-Appellants. No. 00-35948. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 10, 2002. Filed April 23, 2004. COPYRIGHT MATERIAL OMITTED Jody P. Carpenter, Deputy Attorney General, Boise, ID, for the defendants-appellants. Howard A. Belodoff, Belodoff Law Office, Boise, ID, for the plaintiffs-appellees. Appeal from the United States District Court for the District of Idaho; B. Lynn Winmill, District Judge, Presiding. D.C. No. CV-80-04091-BLW. Before BROWNING, B. FLETCHER, and…