UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
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(1) SHENON A BANKS, a six-year-old minor, by her )
next friend and mother, Michelle Smejkal, and )
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(2) SARAH ZEPHIER, a six-year-old minor, by her next )
friend and mother, Stacy Zephier, )
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(3) CAMEO WILLIAMSON, a six-year-old minor, by ) Civ. 02-______
her next friend and mother, Jean Zephier, )
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(4) JONATHAN HETH, a nine-year-old minor, by his )
next friend and mother, Lisa Heth, )
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(5) KAYEDEE DEVERNEY, an eleven-year-old minor, )
by her next friend and mother, Shannon Keeler, )
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(6) TODD RAYMOND, an eleven-year-old minor, by )
his next friend and mother, Bernadette Raymond, )
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(7) FRANCISCO ZEPHIER, a minor, by his next friend )
and mother, Frances Zephier, )
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(8) JON ATHON PROVO ST, an eleven-year-old minor, )
by his next friend and mother, Angela Provost, )
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(9) DOUG DEVERNEY, a twelve-year-old minor, by )
his next friend and mother, Shannon Keeler, )
)
(10) JONI ZEPHIER, a minor, by her next friend and )
mother, Stacy Zephier, )
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(11) AMY RAYMOND, a fourteen-year-old minor, by )
her next friend and mother, Bernadette Raymond, )
)
(12) KRISTOPHER WILLIAMSON, a minor, by his )
next friend and mother, Jean Zephier, )
)
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Assistant Secretary of Indian Affairs for the United States)
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
(Violation of Civil Rights guarantee d by the Fourth Amendment
Plaintiffs bring this class action on their own behalf and on behalf of a class of similarly
Wagner Community School students.
This class action seeks appropriate declaratory and injunctive relief to end defendants'
thereby violating the rights of plaintiff students under the Fourth Amendment to the United
Constitution and Article VI of the South Dakota Constitution to be free from unreasonable
Wagner Community School, in conjunction with local and federal law enforcement officers, seem
pioneering a practice of confining students to their desks, and then leading a police dog
sometimes ill-mannered German Shepherd accompanied by uniformed
Students felt that the lockdown
Shenona was in Mrs. Fryer's class when she was subjected to a personal dog sniff.
officer and began to run freely around the classroom.
Plaintiff Sarah Zephier, age 6, was enrolled as a kindergartener during the 2001-2002
Kayedee has been attacked and intimidated by dogs on numerous occasions in the past.
Plaintiff Francisco Zephier was enrolled as a fourth grader during the 2001-2002 school
The morning that the dog came to his classroom, Principal Goter came on the loudspeaker
Plaintiff David Marshall, age 16, was enrolled as a ninth grader during the 2001-2002
For several years, school officials at the Wagner Community School, a public, K through
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