On the other hand, the second part of 1985(2) and the first part of 1985(3) proscribe conspiracies that institutionally are not related to federal interests and usually are of primary state concerns: The United States Supreme Court adopted the "accurate [] and persuasive []" discussion of the legislative history of the Ku Klux Klan Act of 1871 presented in McCord v. Bailey, 636 F.2d 606, 615-617 (D.C.Cir.1980), cert. We are proud Mission Mountain School is a nationally recognized pioneer and leader in helping establish a new industry and way of tending to the . Reporting Center - frmCentralDirectory.aspx - PRD. MOUNTAIN MISSION SCHOOL INC. GRUNDY, VA 24614-7114 | Tax-exempt since Oct. 1939. [9], Mission Mountain School operated as an accredited member of the Pacific Northwest Association of Independent Schools (PNAIS)[10] and the Northwest Association of Accredited Schools (NAAS),[11] and was a full member of the National Association of Therapeutic Schools and Programs (NATSAP). The "foundation for the class-based animus requirement" to which the Fourth Circuit Court refers is based on a key passage given in Griffin v. Breckenridge,403 U.S. 88, 91 S. Ct. 1790, 29 L. Ed. 2d 133 (1979) (in which the Court drew a similar conclusion concerning tenant organizers). 1982). 1021, 1027 (D.Kan.1981) (in which the court reached the same conclusion); Fiske v. Lockheed-Georgia Co., a Division of Lockheed,568 F. Supp. For many of the Soldiers, it is the toughest . Mission Mountain School - Unsilenced. The award was entered in favor of various defendants who Bloch had claimed conspired to violate his rights under 42 U.S.C. (See the discussion *589 of the law applicable to the second ground, infra). The rock climbing requires Soldiers to make their own routes up cliff faces, day and night, and secure their own anchors with their climbing partners. - St. Lawrence Mission, Mountain Village. Street, Grundy, Va., Birg E. Sergent, Pennington Gap, Va., Wade Massie, Abingdon, Va., L.T. Had Bloch ultimately been permitted to proceed on a legal theory that animus against orphans satisfies the class-based animus requirement of Sec. Mission Mountain School was a therapeutic boarding school for girls located in Condon, Missoula County, Montana. Newspapers.com makes these newspapers available for the purpose of historical research, and is not responsible for the content of any newspapers archived at our site. In a separate opinion, the court will state its decision concerning the allegations which apply to the first half of 1985(2); it now considers whether the plaintiffs' cause of action can lie under the second half of 1985(2) and under 1985(3). Sec. Oct. 18, 1982) (unpublished). 1985(2) and (3). 1988 the court in a Sec. We find an abuse of discretion in this case. We are unable to give any safe, evidence-based recommendations for any programs. This original suit contained allegations seeking a writ of mandamus, an injunction under the freedom of information act, habeas corpus relief, declaration of unconstitutionality of Virginia laws pertaining to child care institutions, and conspiracy, pursuant to 42 U.S.C. Submitted March 28, 1988.Decided May 2, 1988. TTI Timeline 1985(2). Sutherland,Dr., Fred Short, Herman T. Wells, Clarence Greenleaf, Rev.,Sylvia Raines, B.D. A graduate of the program stated that the school used behavior modification to give students structure and provided psychoanalytic counseling to help students understand the sources of their negative behaviors. After this Court affirmed the entry of summary judgment and the Supreme Court denied certiorari, various defendants associated with Mountain Mission School petitioned the district court under 42 U.S.C. As the Third Circuit Court of Appeals put it: "[S]ex, like race , is an immutable characteristic determined by the accident of birth." The names, logos, and other source identifying features of newspapers depicted in our database are the trademarks of their respective owners, and our use of newspaper content in the public domain or by private agreement does not imply any affiliation with, or endorsement from, the publishers of the newspaper titles that appear on our site. Subsequently, Bloch was arrested with the two boys under both Federal and state warrants and taken before United States Magistrate Roger J. Makeley in Ohio who then returned the custody of the children back to The Mountain Mission School and returned Bloch to Virginia for trial. The purpose of the statutory provision now codified as 1985 of Title 42 of the United States Code[1] and originally enacted *586 as 2 of the Civil Rights Act of 1871, 17 Stat. Black's Law Dictionary 992 (5th Ed.1979). 1988 for an award of attorney's fees in the amount of $32,826.72, covering the fees incurred from the inception of the litigation to the date of filing the fee request. Legal Disclaimer | Terms and Conditions | Privacy Policy. abuse,; interviewees reported physical and sexual abuse at theWrangell Institute. 2d 338 (1971): Id. Although a prevailing plaintiff "should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust," Hensley v. Eckerhart, 461 U.S. 424, 429 (1983) (citations omitted), a prevailing defendant should not be awarded a fee "unless a court finds that [plaintiff's] claim was frivolous, unreasonable, or groundless, or that the plaintiff continued to litigate after it clearly became so." Pocono Mountain School District To Prepare All Students for Tomorrow's Challenges and Opportunities In concluding that the suit was vexatious, frivolous, and brought to harass or embarrass the defendants so as to justify an award of fees to prevailing defendants under 42 U.S.C. Conspiracy claims, by their nature, present problems of proof for a plaintiff. Seen 'n Heard - Dec, 1992 Issue (page 1). [1] On that date, the school graduated its last class and ceased operation, announcing that its founders would be on sabbatical . denied,454 U.S. 1110, 102 S. Ct. 687, 70 L. Ed. The court's decision is based on two grounds. A former student, the latest to accuse Indian Mountain School educators of sexual abuse, says in a lawsuit filed Friday that he was one of the boys molested in the late 1970s by teacher Chris . school in Sitka, Mt. See Colombrito v. Kelly, 764 F.2d 122, 132 (2d Cir.1985). In 2005, the Jensen family moved to Martinsburg, West Virginia. Mission is to better treat the unseen wounds of war (PTSD, mild traumatic brain injury, and their comorbidities). Registreh who has proceeded pro se throughout this litigation filed suit aconquisst Mountain Mission School an orphanage located in Grundy Virginia and various school and public officials, alleging that officials at the school had abused children; that Carneth had attempted to uncover and stop these abuses; and that the defendants had, in turn . To me, this is the saddest repercussion of . Options were limited to the BIA-operated Mt . Mission Children's Hospital is committed to delivering the best treatment to children traumatized by abuse, and realizes this goal by working with longtime nonprofit partner, the Mountain Child and Advocacy Center (MCAC). 5876 aka Stop Child Abuse in Residential Programs for Teens Act of 2008. are based on the torment suffered from former detainees at this . 27.[7]. The mission board was forced to make public statements about abuse allegations involving a different former missionary in 2002 three decades after William McElrath, a longtime Indonesia . Final. Schools & Program Visits - Apr, 1997 Issue #45, Schools & Program Visits - Oct, 2000 Issue #74, Looking for women who attended Mission Mountain School in Montana. 1760 Edgewater Drive Grundy, VA 24614. Box Score; . The school first opened in April 1921, by Sam Hurley who made a promise to God one day that he would help . Bloch, who has proceeded pro se throughout this litigation, filed suit against Mountain Mission School, an orphanage located in Grundy, Virginia, and various school and public officials, alleging that officials at the school had abused children; that Bloch had attempted to uncover and stop these abuses; and that the defendants had, in turn, engaged in a conspiracy to stop Bloch and keep abuse and neglect at the school hidden. Mountain Mission School. The court first determines whether orphans possess the requisite characteristics for their membership or affiliation with a particular class and, more specifically, whether orphans as a class can exist independently of the defendants' actions. Bernard F. McMeel. [10] 42 Am.Jur.2d Inheritance, Etc., Taxes 212, 215, 216 (1969). It's estimated that more than 20,000 children have received care since its founding in 1921. (Parsons Deposition at 72). By Ella Nilsen Sentinel Staff. See Glymph v. Spartanburg General Hospital, 783 F.2d 476, 479 (4th Cir.1986) (district court's finding of frivolity was not based upon reasonableness of claims as they existed at time of trial). The Court's language implies, inter alia: That although the courts should construe broadly the diverse and constitutionally overtoned rights and privileges sought to be protected under 1985, they still must derive the classes or groups to be protected from statutory construction; and that the courts should use general and statutory law as the means by which they deal with actions brought by groups whose legal issues are based on economic motivations rather than on invidiously discriminatory animus. If you are LGBTQ and need support, call the Trevor Project Hotline 1-866-488-7386, If you are having suicidal thoughts, call toll free 1-800-273-8255 or text HOME to 741741, If you are a child being abused or know of a child being abused call toll free 1-800-422-4453. 79-1771 (4th Cir. (construing Novotny), cert. Even when the law or the facts appear questionable or unfavorable at the outset, a party may have an entirely reasonable ground for bringing suit. modification industry this facility is mentioned and much of the text of the proposed bill H.R. [9] 15 Am.Jur.2d Charities 55, 141, 174, 181 (1976, Supp.1983). 422, 425 n. 4 (D.S.D.1983) (a claim was stated under 1985 on behalf of the decedent who was struck intentionally by the defendants with a door of a moving pickup truck: the court noted the primary intent of the Ku Klux Klan Act of 1871); Shultz v. Sundberg,577 F. Supp. On May 29, 1975, Bloch was indicted by a grand jury and entered a plea of guilty to the charge of abduction. Bloch contends that Judge Persin conspired with Mr. Sublett, President of The Mountain Mission School, to intimidate him from testifying in state court proceedings in California and in Ohio; that defendant Williams, Commonwealth's Attorney of Buchanan County, Virginia, conspired with Mr. Sublett to send one Edith Justus to Ohio to murder him; that defendant McGlothlin, a member of the Virginia Legislature, conspired with Williams and Sublett to frame him in his trial in Buchanan County, Virginia; that defendant Osborne conspired with Sublett to have the plaintiff assaulted in jail by prisoners; that his two attorneys, Sawyer and Sergent, who were employed by him, obstructed justice and hindered him from testifying freely, fully and truthfully in court; and that Roger J. Makeley denied his constitutional rights to the full faith and credit of court orders guaranteed by Article IV of the United States Constitution by intimidating Robert *585 Watts and Johnny Dotson from testifying freely, fully and truthfully. LAKEVILLE, Conn. (CBSNewYork) -- For the third time in less than two years, a former student has filed a federal lawsuit alleging sexual abuse at the Indian . 1985(3), and that Bloch should be afforded the opportunity to develop these claims on remand. In 2017, now more than ever, parents, students, educators and lawmakers find themselves wrestling with decisions about where, when, how and what students should learn. Mountain Mission Sport @ Apostolic Christian SportLive Game : https://on.tv247world.com/basketball/-/mountain-mission-vs-apostolic-christian-high-school-bask. We held that a racial or class-based animus is not an essential element for a violation of the first half of Sec. It operated from October 1, 1990, to August 16, 2008. Support Groups We also agreed with the district court that the additional facts developed on remand justified a finding that Judge Persin's threat to revoke Bloch's probation if he participated in a suit against Mountain Mission School was not action taken in the clear absence of all jurisdiction. Rev. [{'tag': 'Alabama'}, {'tag': 'Arizona'}, {'tag': 'Aspen Education Group'}, {'tag': 'Brush Ranch School'}, {'tag': 'CEDU'}, {'tag': 'California'}, {'tag': 'Cascade School'}, {'tag': 'Crater Lake School'}, {'tag': 'Elevations RTC'}, {'tag': 'Georgia'}, {'tag': 'Hidden Lake Academy'}, {'tag': 'Island View'}, {'tag': 'Maryland'}, {'tag': 'Mission Mountain School'}, {'tag': 'Montana'}, {'tag': 'Montana Academy'}, {'tag': 'NATSAP'}, {'tag': 'New Mexico'}, {'tag': 'Oregon'}, {'tag': 'Ridge Creek School'}, {'tag': 'Spring Ridge Academy'}, {'tag': 'Three Springs'}, {'tag': 'Utah'}], At Some Youth Treatment Facilities, Tough Love Takes Brutal Forms, [{'tag': 'Jamaica'}, {'tag': 'Jay Kay'}, {'tag': 'Mission Mountain School'}, {'tag': 'Montana'}, {'tag': 'Randall Hinton'}, {'tag': 'Ron Garrett'}, {'tag': 'Tranquility Bay'}, {'tag': 'WWASP'}], [{'tag': 'Mission Mountain School'}, {'tag': 'Montana'}], [{'tag': 'Explorations Montana'}, {'tag': 'Mission Mountain School'}, {'tag': 'Montana'}], Jacqueline at Mission Mountain School and SUWS, [{'tag': 'Mission Mountain School'}, {'tag': 'Montana'}, {'tag': 'North Carolina'}, {'tag': 'Phoenix Outdoor'}, {'tag': 'SUWS of the Carolinas, Inc'}], Aileen Chu at Mission Mountain School (From: Youthrights.org), Kerry Keenan at Mission Mountain School (From:youthrights.org), AB from Mission Mountain School and Outback.pdf, Statement by Kathryn Whitehead, Former Student at Mission Mountain School, Montana. Legislative Watch The courts also have dealt with the economic activities or concerns of orphans under a variety of subjects, including, inter alia: adoption[8] (with emphasis, e.g., on the inheritance rights of adopted children); charities[9] (with emphases, e.g., on the charitable character of educational institutions and orphanages or on the application of the cy pres doctrine to a trust for the care of orphans); inheritance and estate taxes[10] (with emphasis, e.g., on the exemption, pursuant to an inheritance tax statute, of bequests or devises for the support or education of orphans); judicial notice[11] (with emphasis on the existence of the nature of common charities such as orphanages); mechanics' lien[12] (with emphasis on the nonacquirement of such a lien, pursuant to statutory law, on the property of a corporation for charitable purposes, such as an orphanage); schools[13] (with emphases, e.g., on public aid to nonsectarian private schools or on the determination of children in orphanages as part of the school population for the purposes of apportionment of funds); state and local taxation[14] (with emphasis on orphanages as one of the charitable institutions falling within statutory laws which exempt them from taxation); veterans[15] (with emphasis on war orphans' educational assistance, pursuant to the Veterans' Education and Training Act, 38 U.S.C. Gen., Richmond, Va., E.K. Two years after the company based in the Worshams' home purchased the property, Shadow Mountain opened a wilderness program for adolescent boys on that parcel of land. These implications in turn provide the sources which the court used to determine whether orphans constitute an economic class: that is, by analyzing the nature of the legal issues involving orphans (or orphanages), the court found that actions concerning this group generally have rested on economic motivations. Your contribution will help us continue our work advocating for survivors and youth. 1985(3) and the second half of Sec. 2d 1049, 1060 (1983). Email: jmarsh@bcda.org Email: modellick@bedfordctc.org. The court, having found that the plaintiffs do not satisfy the requisite element of class-based animus, grants summary judgment to all of the defendants insofar as any conspiracy is alleged under the second part of Section 1985(2) and Section 1985(3), and an Order will be entered entering final judgment on these portions of Section 1985. 1985(3) and the second half of Sec. Clipping found in Daily Press in Newport News, Virginia on Apr 24, 1986. MMS. [6] See generally Joseph G. Cook and John L. Sobieski, Jr., Civil Rights Actions 13.09[A] (1983) for a detailed discussion of the term "class-based animus". United Brotherhood of Carpenters v. Scott, ___ U.S. ___, ___, 103 S. Ct. 3352, 3360, 77 L. Ed. Contributions to Unsilenced are tax-deductible to the fullest extent of the law. 1985(2). Red Flags Bloch also presented evidence that Judge Persin tried to prevent Bloch and Dotson from testifying about the school at hearings before a Senate subcommittee. Edgecumbe (McDiarmid, 1984; Cotton, 1984). [15] 77 Am.Jur.2d Veterans 165 (1975, Supp. During the Full Committee Hearing on Child Abuse and Deceptive Marketing by Residential Programs for Teens held on April 24, 2008, you heard sworn testimony about practices at Mission Mountain School as a preface to urging greater regulation . Request Records 1985(3) and the second half of Sec. Mission Mountain School is within the scope of WikiProject Disability. The law applicable to the second ground, for example, supports a claim, made under the first ground, that the status as orphans does not in itself deprive them of the protection of the laws. Including informational articles and books, hotlines and helplines, advice, a directory of related websites, how-tos, recommendations, support, and much more." 1082, 1084 (N.D.Ill.,E.D.,1983) (a claim of group defamation by private actors was a bizarre theory of federal civil rights liability that would not be recognized and, thus, ethnic jokes in a motion picture are not actionable); Red Elk v. Vig,571 F. Supp. at 273. Because direct proof of the conspiracy often rests exclusively with defendants, a plaintiff may be forced to rely on inference and circumstance to establish the existence, nature, and extent of a conspiracy. These two grounds imply, inter alia: that when Congress enacted the Ku Klux Klan Act of 1871, its primary purpose was to include only those conspiracies motivated by animus against Negroes and their sympathizers;[4] and that, based on a strict construction of the Act's legislative history, the conspiratorial reach of 1985 does not include tortious acts against groups, such as orphans, whose "constituency [is] dependent on circumstances subject to ready change [and whose] character is quite different from classes based on race, ethnic origin, sex, religion, [or] political loyalty." Get directions, learn treatment costs and read verified patient reviews. Matthew Bernstein attended Indian Mountain School in Lakeville, Conn. from 1980 to 1983 - between the ages of 12 and 15 - and was sexually abused by several teachers on a regular basis, his lawyer, Antonio Ponvert III, said in a statement, calling the abuse against his client "monstrous." We affirmed the entry of summary judgment in favor of defendants. Kush, 460 U.S. at 727, n. 10, 103 S. Ct. at 1488 n. 10. (Dotson Deposition at 92). Mountain Mission High School . Our children enjoy the benefits of a quality Christian education. Senator Edmunds's views, since he managed the bill on the floor of the Senate, are not without weight. But we were aware of his views in Griffin, 403 U.S., at 102 n. 9, 91 S.Ct., at 1798 n. 9, and still withheld judgment on the question whether 1985(3), as enacted, went any farther than its central concern combatting the violent and other efforts of the Klan and its allies to resist and to frustrate the intended affects of the Thirteenth, Fourteenth, and Fifteenth Amendments. NTEE code info. Their nature being an economic one, the legal issues of these various areas served *591 as the determinative factors or indicators on which this court bases its decision: Orphans constitute an economic class. They are consistently reported across varying states, residential placement types, facility specializations, and even across decades. 1985(3)), Bloch's allegation that the conspiracy was motivated by animus against orphans satisfied the class-based animus requirement. Arcadia religious reform school accused of abuse in lawsuit, The Herald Tribune, July 10, 2002 Classification ( NTEE ) Primary, Elementary Schools (Educational Institutions and Related Activities) Nonprofit Tax Code Designation: 501 (c) (3) Defined as: Organizations for any of the following purposes: religious, educational, charitable . We provide a home, an Ecucation and Spiritual Guidance. It operated from October 1, 1990, . Dotson v. Mountain Mission School, No. Mission Mountain School held great promise, as it was sold to us as a small family-like therapeutic environment for girls ages 12-18 with above average . You already receive all suggested Justia Opinion Summary Newsletters. Sec. Because Judge Persin was contacted in his judicial capacity and was exercising his discretion over a matter within his judicial authority, i.e., the interpretation of his probation order, we upheld the district court's finding that judicial immunity would bar any damage award. Montana Educational Consulting and Programs Inc. (MECPI) founded Mission Mountain School almost 19 years ago with a dream of providing service to families in need. If you are in an urgent situation and need help call 911. Mountain Mission 66. See Carchman v. Korman Corp., 594 F.2d 354, 356 n. 1 (3d Cir.) Bloch again filed a habeas corpus petition in this court, and again this court denied his petition on April 1, 1982; Bloch v. Grissom, et al., Civil Action Number 81-0217-B (Western District of Virginia). 269, 273 (E.D.La.1978), aff'd 648 F.2d 340, 347 (5th Cir.) Program Map It was dark and raining. In other words, a group of orphans possesses no other trait economic, ethnic, geographic, racial, religious, or sexual. EIN for payable organization: 54-0618173 Close. Id. (en banc), cert. Being an orphan, however, is not an "accident of birth." Primary/Elementary Schools (B24) Secondary/High School (B25) IRS filing requirement. This organization is required to file an IRS Form 990 or 990-EZ. Over the years, the literature and other media have portrayed such an economic view or status of the *590 orphan. Letter submitted by Mission Mountain School to Congressman George Miller, Chairman, Committee on Education and Labor, to be included in the public record for testimony on HR 5876. [8] 2 Am.Jur.2d Adoption 105 (1962, Supp. Finding persuasive other courts' decisions, the Fourth Circuit Court reasoned that "[t]he `equality' language that is the foundation for the class-based animus requirement in 1985(3) is conspicuously absent from the first half of 1985(2) but is present in the . Safe Harbor's mission includes education on abuse. The Indian Mountain School has been open since 1922 and is a private K-9 school in the Lakeville section of Salisbury. Program Deaths To examine the *588 issue, the court uses as a frame of reference a key passage in the landmark case of Griffin v. Breckenridge,403 U.S. 88, 91 S. Ct. 1790, 29 L. Ed. 1985(3)) and conspiracies to impede or obstruct the due course of justice in any state with the intent to deny any citizen the equal protection of the laws (second half of Sec. Mission Mountain School is located in the community and the U.S. Forest Service operates an airport in Condon. 1985(3) and the second half of Sec. When the Conards retired, they called upon Nancy and David Grant from Milton Academy to consider the school's future. This case has been the subject of extensive discovery and is replete with affidavits and counteraffidavits. Saginaw Chippewa tribe uncovers death records of 227 Indigenous children. The abuse we continuously uncover in this industry is beyond just a few programs. Just a week after receiving a scathing report detailing a pervasive culture of abuse and neglect at the Mission Hill School, the committee voted Wednesday to permanently shut the school down. at 11-12, 14. All parties have now moved the court for summary judgment assessing various reasons. 1760 Edgewater Drive Grundy, VA 24614. 1025 (E.D.Va. The Mission Mountain Program's partners and founders attended the meeting to recognize and reward the crew for their hard work, as well as . See Miller v. Los Angeles County Board of Education, 827 F.2d 617, 620 (9th Cir.1987). 351, 366 n. 6, 385-386 (D.N.J.1983) (a claim of discrimination against the plaintiff's husband, a German immigrant, does not fall within the class of victims of "historically pervasive discrimination"); Betlyon v. Shy,573 F. Supp. 2. Feb 8, 2023 Updated Feb 8, 2023. You're all set! Former Student at Mission Mountain School, Montana October 25, 2005 SOURCE: www.cafety.org Community Alliance for the Fair and Ethical Treatment of Youth . Unsilenced Project, Inc. (Unsilenced) is a California nonprofit public benefit corporation (Federal Tax ID: 87-4398897) by the IRS with federal tax-exempt status as a public charity under Section 501(c)(3). The school has approximately 250 students from K-12 grades. Thus, the plaintiffs fail to state a claim under the tenets of Griffin because of the lack of the requisite class-based motivation.[6]. (Emphasis in original). Corp., 594 F.2d 354, 356 n. 1 ( 3d Cir. 1985 ( 3 ) and the half... Would help essential element for a plaintiff and is replete with affidavits and counteraffidavits SportLive Game: https //on.tv247world.com/basketball/-/mountain-mission-vs-apostolic-christian-high-school-bask... We find an abuse of discretion in this case & # x27 ; s estimated that than. 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Wells Clarence! Brain injury, and even across decades is required to file an IRS Form 990 or 990-EZ Massie... 273 ( E.D.La.1978 ), and their comorbidities ) 648 F.2d 340, 347 ( 5th Cir. saddest of. Airport in Condon, Missoula County, Montana few programs not an essential element for a violation of law! Suggested Justia Opinion Summary Newsletters Service operates an airport in Condon May 2,.. Evidence-Based recommendations for any programs Dec, 1992 Issue ( page 1 ) discussion... Are in an urgent situation and need help call 911 been the subject of discovery... Supp.1983 ) words, a group of orphans possesses no other trait economic, ethnic geographic. ' n Heard - Dec, 1992 Issue ( page 1 ) with affidavits and counteraffidavits to develop claims... 1990, to August 16, 2008 with affidavits and counteraffidavits that against. Forest Service operates an airport in Condon, Missoula County, Montana geographic, mission mountain school abuse, religious, or.! Child abuse in Residential programs for Teens Act of 2008. are based on two grounds of., 2023 Updated feb 8, 2023 Updated feb 8, 2023 the Senate, are without. Few programs, Va., Wade Massie, Abingdon, Va., L.T 620 ( 9th Cir.1987 ),! An `` accident of birth. the benefits of a quality Christian education rights 42. * 590 orphan or status of the Soldiers, it is the toughest award was in. Saginaw Chippewa tribe uncovers death Records of 227 Indigenous children v. Los Angeles County of...
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