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UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA


CONNIE SCOTT and CARL (BUD)
SCOTT, individually, and on behalf of and as guardians and
next friends of [redacted] Scott, a minor,

Plaintiffs,

vs.

JOHN E. SAMSON, County Attorney for
Washington County, in his individual and official capacities;
WASHINGTON COUNTY; DARRELL HOWARD, KEVIN
WILLIS, and OFFICERS JOHN DOE I-IV, as members of the
Washington County Sheriff's Department, in their individual
and official capacities; JOSEPH LAGER, NICHOLAS
THALLIS, BENJAMIN SHEAR, and OFFICERS JOHN
DOE V-VIII, as members of the Blair, Nebraska Police
Department, in their individual and official capacities;
[redacted] , a minor, by and through his guardian and next
friend; KATHY TULL, individually and as guardian and next
friend of [redacted], JOHN TULL, DR. K.C. BAGBY and
JAMES JORDAN, in their individual capacities,

Defendants.


CIVIL ACTION NO._____


COMPLAINT AND DEMAND FOR JURY TRIAL


INTRODUCTORY STATEMENT

1.  This is an action under 42 U.S.C. Sections 1983, 1988 and
Nebraska law seeking damages and other appropriate relief
from public officials, and others acting in concert with them,
for the unconstitutional and tortious interference with plaintiff
[redacted] Scott's right to reproductive choice and the
plaintiffs' right to family integrity effected when the
defendants assaulted the plaintiffs in their home, illegally
seized plaintiff [redacted] Scott, and removed her from her
family in order to prevent her from making a free choice about
whether to carry her pregnancy to term.

JURISDICTION AND PARTIES

2.  Jurisdiction of this action is based on 28 U.S.C. Sections
1331 and 1343.  The plaintiffs further invoke the supplemental
jurisdiction of this Court with respect to claims arising under
state law pursuant to 28 U.S.C. Section 1367.

3.  Plaintiff [redacted] Scott is a woman under the age of 18.
[redacted] Scott resided in Blair, Nebraska during the times
relevant to this complaint.  In July 1995, [redacted] Scott
moved from Blair with her parents, Connie and Carl Scott.
[redacted] Scott appears in this action by and through her
general guardians and next friends Connie and Carl Scott.

4.  Plaintiff Connie Scott is [redacted] Scott's mother.  Connie
Scott resided in Blair, Nebraska during the times relevant to
this complaint.  In July, 1995, she moved from Blair with Carl
and [redacted] Scott.  Connie Scott files on her own behalf and
as a general guardian and next friend of [redacted] Scott.

5.  Plaintiff Carl (Bud) Scott is [redacted] Scott's father.
During the times relevant to this complaint, Carl Scott lived in
Blair, Nebraska in the same house as Connie and [redacted]
Scott.  In July 1995, he moved from Blair with Connie and
[redacted] Scott.  Carl and Connie Scott have not yet sold the
family home in Blair.  Carl Scott files on his own behalf and
as a general guardian and next friend of [redacted] Scott.

6.  Defendant John E. Samson is the County Attorney for
Washington County, Nebraska and, as such, is responsible for
making county policies and determining county practices and
customs for the enforcement of the Nebraska child protection
laws, and for investigating, initiating, and litigating actions
under those laws.  At all times relevant to this complaint,
Samson was acting under color of state law.  He is sued in
both his individual and official capacities.

7.  Officers Darrell Howard, Kevin Willis and John Doe I-IV
are members of the Washington County Sheriff's Department
and, as such, are responsible for enforcement of the laws,
including the Nebraska child protection laws.  At all times
relevant to this complaint, the defendant officers were acting
under color of state law.  They are sued in both their
individual and official capacities.

8.  Defendant Washington County is a county of the State of
Nebraska.  At all times relevant to this complaint, defendant
Washington County acted under color of state law.  Through
defendant John E. Samson and others, defendant Washington
County makes county policies and determines county
practices and customs for the enforcement of the Nebraska
child protection laws, including the investigation, initiation,
and litigation of actions under those laws. Through defendants
Darrell Howard, Kevin Willis, and John Doe I-IV, defendant
Washington County implements its policies, practices and
customs relating to the enforcement of the Nebraska child
protection laws.

9.  Officers Joseph Lager, Nicholas Thallis, Benjamin Shear
and John Doe V-VIII are members of the Blair, Nebraska
Police Department and, as such, are responsible for the
enforcement of the laws, including the Nebraska child
protection laws.  At all times relevant to this complaint, the
defendant officers were acting under color of state law. They
are sued in both their individual and official capacities.

10.  Defendant [redacted] is a man under the age of 18 who
resides in Blair, Nebraska.

11.  Defendant Kathy Tull resides in Blair, Nebraska and is
the mother of [redacted].

12.  Defendant John Tull resides in Blair, Nebraska and is the
stepfather of [redacted].

13.  Defendant K.C. Bagby is a physician and defendant
James Jordan is a physician's assistant who, at all times
relevant to this complaint, were practicing at the Blair Medical
Group in Blair, Nebraska.

14.  At all times relevant to this complaint, defendants
[redacted], Kathy Tull, John Tull, K.C. Bagby and James
Jordan were acting in concert with defendant public officials
and thereby acting under color of state law.

FACTS

15.  In September 1994, plaintiff [redacted] Scott, who at the
time was 15 years old, became aware that she was pregnant.
[redacted] had not questioned the absence of her menstrual
period immediately, because her periods were consistently
irregular.  On Monday, September 26, she informed her
parents, plaintiffs Connie and Carl Scott, that she was
pregnant as a result of sexual relations with her boyfriend
[redacted].  Together the plaintiffs decided to have [redacted]
consult a physician and to consider her options.

16.  Defendants [redacted] and his mother and stepfather
Kathy and John Tull had become aware of the pregnancy on
the afternoon of September 26 because Kathy had [redacted]
take two home pregnancy tests at the Tulls' house.  Later that
evening, Kathy and John Tull made an unsolicited visit to the
Scotts' home.  The Tulls informed the Scotts of their desire to
help raise [redacted] child, even though [redacted] had not yet
decided whether or not she would carry her pregnancy to term.

17.  On Tuesday, September 27, plaintiff [redacted] Scott was
examined by Dr. Carol Weckmuller at the Blair Medical
Group.  The family's regular doctor was on vacation at the
time. [redacted] was accompanied by her mother Connie
Scott.  Based on a physical examination, Dr. Weckmuller
informed [redacted] and Connie Scott that she estimated that
[redacted] was twenty-three weeks pregnant.  Dr. Weckmuller
advised [redacted] where she could get an abortion, should
that be her choice. [redacted] Scott informed defendant Kathy
Tull, by telephone, of the developments that day.

18.  On Wednesday, September 28, [redacted] spoke at length
with her family about her options.  After extensive
deliberation, [redacted] decided to seek an abortion.

19.  On Wednesday, September 28, [redacted] made an
appointment by telephone for an abortion.  During the phone
call, [redacted] spoke to a clinic employee, who asked her a
series of questions and then explained the abortion procedure
to her.  Connie Scott also talked to the employee and gave her
additional information. [redacted] then spoke again with the
clinic employee, who asked again whether [redacted] really
wanted an abortion. [redacted] replied yes, and scheduled an
appointment.

20.  Early that evening, [the boyfriend] came over to [the
Scott's] house. [redacted] told him that she planned to have an
abortion.  He was upset, saying she was killing a baby.  Mid-
evening Kathy Tull called the Scotts, screaming and saying
such upsetting things that Connie Scott hung up the telephone.

21.  Shortly thereafter someone pounded on the Scotts' door.
Carl Scott went to answer the door, but before he could open
it, defendant [the boyfriend] kicked the door, causing it to hit
Carl in the eye and [redacted] across the face.  Present with
[the boyfriend] at the Scott home were, among others, Kathy
and John Tull, another Tull family member, and several of
[the boyfriend]'s friends. They were screaming, calling the
Scotts "baby killers" and other derogatory names, pulling
[redacted], and hitting Carl. Connie Scott called the police to
the house because of the violence against her family.  When
the police arrived, including defendants Willis, Lager, Thallis,
Shear and John Does I-VIII, [the boyfriend] struck Officer
Lager and was arrested.  Kathy Tull assaulted Connie Scott by
kicking her in the stomach.  Kathy Tull was not arrested.  Two
officers asked [redacted] if she had made an appointment for
an abortion, to which she responded, yes.

22.  At least one deputy from the Sheriff's Department,
defendant Officer Darrell Howard, arrived at the scene
separately.  He tried to give [redacted] a manila envelope
containing anti-abortion literature.  Earlier that day, Officer
Howard, who is active in the anti-choice movement in Blair,
had met with the Tulls at their home apparently for the
purpose of preventing [redacted] from obtaining an abortion.

23.  After the altercation, the plaintiffs and [redacted]'s
younger brother went to their cousins' house for the night.
The plaintiffs had earlier told the police that they would be
staying at their cousins' home in Blair that night and had given
the officers their cousins' address.

24.  That same day, September 28, without [redacted] Scotts'
consent, defendant Kathy Tull discussed [redacted]'s
pregnancy and abortion plans with defendants Bagby and
Jordan apparently for the purpose of preventing [redacted]
from obtaining an abortion.  Defendants Bagby and Jordan
cooperated, by writing a letter stating that "any elective
abortion could potentially cause medical and emotional
damage to the mother at any stage of pregnancy" and that an
abortion at twenty-three weeks "could be harmful" to
[redacted].  (Emphasis added.)  Neither Bagby nor Jordan had
ever examined or spoken with [redacted].  The letter does not
state that an abortion at twenty-three weeks is legal and is
accepted medical practice, nor does it note that carrying to
term and delivering a child could also be harmful to
[redacted].  Kathy Tull then took the letter to the Blair police
station.  Attached as Exhibit A is a copy of that letter.

25.  At around 12:30 a.m. on Thursday, September 29, the
plaintiffs were awakened by police at their cousins' house.
More than ten law enforcement vehicles surrounded the house.
Present were members of the Blair Police Department,
including defendants Lager, Thallis and Shear, as well as
county officers.  The police took [redacted] into custody.
They did so for the purpose of preventing [redacted] from
obtaining an abortion.

26.  The Scotts were told that [redacted] was being taken into
protective custody.  The police offered the Scotts little
explanation as to why [redacted] was being taken into custody
except to show them the letter from defendants Bagby and
Jordan, and to say that defendant John E. Samson, the County
Attorney, had directed them to take [redacted] into custody.
The police told the Scotts there would be a hearing at 9 a.m.
that morning, and advised them to get an attorney.  They did
not inform the plaintiffs where they were taking [redacted] or
what they would do with her.  The plaintiffs were extremely
frightened and confused by the police removing [redacted] in
the middle of the night to an undisclosed place for an
undefined purpose.

27. [redacted] was taken by the police to the Blair police
station. [redacted] was at the police station for several hours.
During this time, the police did not give her written notice of
the reasons she was taken into custody.  During this time,
[redacted] also noticed anti-choice materials on one of the
lockers in the station.


28.  After several hours at the police station, [redacted] was
transported to the home of a foster family who were strangers
to her.  At approximately 3:30 a.m., plaintiffs Connie and Carl
Scott received a call from Deborah Bales, whom they did not
know, but who identified herself as being with the Nebraska
Department of Social Services.  Ms. Bales informed the Scotts
that [redacted] was safe and urged them to get an attorney.

29.  Early Thursday morning, September 29, plaintiffs Connie
and Carl Scott sought and obtained counsel.  Their attorney
was informed by defendant County Attorney Samson that no
hearing would be held that day because there were no judges
in town.  Plaintiffs Connie and Carl Scott were not told when
a hearing would be held, nor were they given the option of
going to another town to appear before a judge in order to
avoid further delay.

30.  On Thursday morning, defendant County Attorney John
Samson interrogated [redacted] Scott. [redacted] was alone
throughout the questioning, even though defendant Samson
knew that she was under eighteen years of age and that her
parents were available.  Defendant Samson further knew that
the Scotts had retained counsel.  Defendant Samson also
refused Deborah Bales' requests that he release [redacted].
Instead, he filed a baseless petition with the Washington
County Juvenile Court under the child protection law, alleging
that [redacted] was in a situation dangerous to life or limb or
injurious to her health.  The only stated reasons for the
petition were that plaintiffs Connie and Carl Scott "had made
arrangements" for [redacted] Scott to obtain an abortion and
that defendant Bagby had provided a letter to law enforcement
officials stating that an elective abortion could be harmful to
[redacted].  A copy of the petition is attached as Exhibit B.

31.  On Thursday, September 29, the Scotts discovered that
fliers had been posted all over Blair stating that plaintiffs Carl
and Connie Scott were "murderers."  Members of [the
boyfriend's] family and his friends were responsible for
posting the fliers.

32.  On Friday afternoon, September 30, the Honorable F.A.
Gossett, III, of Juvenile Court of Washington County held a
hearing regarding [redacted].  No guardian ad litem or
attorney was ever appointed to represent [redacted]'s interests.

33.  At the hearing, County Attorney Samson filed an
Amended Petition alleging that [redacted] was in a situation
dangerous or injurious to her health or morals and that she was
being neglected by her parents.  These allegations were based
solely on the assertion that [redacted] was twenty-three weeks
pregnant and considering an abortion. The only evidence put
forth by Samson was the letter from defendants Bagby and
Jordan (Ex. A), who had never examined or spoken to
[redacted], stating that they believed an abortion at twenty-
three weeks could be harmful to [redacted].  A copy of the
Amended Petition is attached as Exhibit C.

34.  The petition filed by defendant County Attorney Samson
stated that the allegations against plaintiffs Connie and Carl
Scott were based on reports to "Law Enforcement." The Scotts
did not, however, receive written notification of the
investigation from the state Department of Social Services.
Nor were any of the other procedures typically associated with
a child abuse or neglect investigation followed, such as the
appointment of a guardian ad litem for [redacted].

35.  Upon consideration of the Amended Petition, Judge
Gossett stated that [redacted] should not have been removed
from the Scotts' custody.  Judge Gossett ordered that the
temporary placement of [redacted] with the Department of
Social Services be terminated, and further ordered that
[redacted] be released to the custody of her parents "on the
condition that no abortion shall be performed on the subject's
unborn child without further order of the Court." The order
provides that any violation of its terms is punishable as
contempt.   A copy of the Order is attached as Exhibit D.

36.  Subsequent to the hearing, [redacted] obtained protective
orders from the District Court of Washington County against
Kathy Tull and [redacted] prohibiting them from harassing
[redacted] and entering the Scott home. These orders became
permanent on October 14, 1994, and are still in effect.

37.  After the incident, [the boyfriend] tried repeatedly to
contact [redacted].  His friends followed [redacted] when she
left the house in Blair. [redacted] was threatened with assault.
[redacted] became afraid to leave the house alone.  School in
Blair became so threatening that [redacted] was tutored at
home. [redacted] was so upset by the events that she had to
seek the advice and support of a counselor.  Connie and Carl
Scott were also harassed. Because of the trauma to their
family caused by these events and the ongoing harassment,
Connie and Carl Scott decided to move from Blair.  They
wanted [redacted] to be able to return to school and again be
with peers.  Despite the move and passage of time, [redacted]
continues to have nightmares.

38.  Subsequent to the events, [the boyfriend] pleaded guilty
to assaulting a police officer at the Scotts' house and was
placed on probation for one year.

39.  In December 1994, [redacted] gave birth to a baby, whom
she is raising in [redacted]'s parents' home.

40.  On September 22, 1995, the plaintiffs served upon
defendants Washington County, John E. Samson, Darrell
Howard, Kevin Willis, City of Blair, Joseph Lager, Nicholas
Thallis, Benjamin Shear, and John Doe I-VII tort claim
notices in the form required and provided in such cases by the
laws of the State of Nebraska concerning claims of trespass,
intentional infliction of emotional distress, invasion of privacy
and interference with the rights to reproductive choice, family
integrity, due process, and freedom from illegal search and
seizure as guaranteed by the Nebraska Constitution.

CLAIMS FOR RELIEF

41.  The allegations set forth in paragraphs 1 through 40,
inclusive, are repeated as if again set forth at length.

42.  By, among other things, violently trespassing into the
plaintiffs' home, assaulting [redacted] , Connie, and Carl
Scott, obtaining and providing a letter to law enforcement
officials misrepresenting the danger of abortion to [redacted],
awakening and taking [redacted] into custody in the middle of
the night, removing her from her parents, holding her in a
police station and placing her with total strangers for over 36
hours, interrogating [redacted], then fifteen years of age,
without counsel or her parents present, delaying the
appearance before a judge for over 29 hours while refusing to
release [redacted], filing and pursuing a petition and amended
petition alleging that [redacted]'s consideration of her
constitutional right to have an abortion was injurious to her
and reflective of parental neglect and lacking any evidence of
abuse or neglect under Nebraska law, prohibiting [redacted]
from attending her pre-scheduled and urgent appointment for
an abortion, and through ongoing harassment, the defendants,
willfully participating in joint activity, have interfered with
and infringed and continue to interfere with and infringe
plaintiff [redacted] Scott's right to reproductive choice in
violation of the Fourteenth Amendment to the United States
Constitution and Art. 1, Sections 1, 3 of the Nebraska
Constitution.

43.  By, among other things, violently trespassing into the
plaintiffs' home, assaulting [redacted] and Carl Scott,
obtaining and providing a letter to law enforcement officials
misrepresenting the danger of abortion to [redacted],
awakening and taking [redacted] into custody in the middle of
the night, removing her from her parents, holding her in a
police station and placing her with total strangers for over 36
hours, interrogating [redacted], then fifteen years of age,
without counsel or her parents present, delaying the
appearance before a judge for over 29 hours, while refusing to
release [redacted], filing and pursuing a petition and amended
petition alleging that [redacted]'s consideration of her
constitutional right to have an abortion was injurious to her
and reflective of parental neglect and lacking any evidence of
abuse or neglect under Nebraska law, prohibiting [redacted]
from attending her pre-scheduled and urgent appointment for
an abortion, and through ongoing harassment, the defendants,
willfully participating in joint activity, have interfered with
and infringed and continue to interfere with and infringe the
plaintiffs' right of family integrity in violation of the
Fourteenth Amendment to the United States Constitution and
Art. 1, Sections 1, 3 of the Nebraska Constitution.

44.  By, among other things, taking [redacted] into custody in
the middle of the night, removing her from her parents,
holding her in a police station and placing her with total
strangers for over 36 hours, interrogating [redacted], then
fifteen years of age, without counsel or her parents present,
filing and pursuing a petition and amended petition alleging
that [redacted]'s consideration of her constitutional right to
have an abortion was injurious to her and reflective of parental
neglect and lacking any evidence of abuse or neglect under
Nebraska law, delaying the appearance before a judge for over
29 hours, while refusing to release [redacted], the defendants,
willfully participating in joint activity, deprived the plaintiffs
of their liberty without due process of law in violation of the
Fourteenth Amendment to the United States Constitution and
Art. 1, Section 3 of the Nebraska Constitution.

45.  By, among other things, forcibly and without consent,
entering the Scotts' residence, entering the residence where the
plaintiffs were staying, taking [redacted] into custody, forcibly
removing her from home and her parents without a judicial
warrant or order, probable cause, or any exigent circumstances
excusing the absence of a warrant, the defendants, willfully
participating in joint activity, violated the plaintiffs' rights in
violation of the Fourth and Fourteenth Amendments to the
United States Constitution and Art. 1, Section 7 of the
Nebraska Constitution.

46.  By, among other things, intentionally kicking in the door
of the Scotts' home, causing it to hit Carl Scott in the eye and
[redacted] Scott across the face, and pulling, hitting, kicking
and injuring [redacted] Scott, Carl Scott and Connie Scott,
defendants [redacted] and Kathy Tull assaulted and battered
the plaintiffs.

47.  By, among other things, willfully, forcibly, and without
consent, entering upon the Scotts' property and kicking in their
door on the night of September 28, 1994, Defendants
[redacted], Kathy Tull and John Tull trespassed upon the
Plaintiffs' property.

48.  By, among other things, misusing information about
[redacted] Scott, without ever examining her or speaking to
her, to provide a misleading letter to law enforcement
officials, which caused such law enforcement officials to take
[redacted] into custody unlawfully in the middle of the night,
remove her from her parents, hold her in a police station and
place her with total strangers for over 36 hours, defendants
K.C. Bagby and James Jordan are liable for the false arrest and
imprisonment of plaintiff [redacted] Scott.

49.  By, among other things, obtaining and providing the
above letter and making other statements to law enforcement
officials, which caused such law enforcement officials to take
[redacted] into custody unlawfully in the middle of the night,
remove her from her parents, hold her in a police station and
place her with total strangers for over 36 hours, defendant
Kathy Tull is liable for the false arrest and imprisonment of
plaintiff [redacted] Scott.

50.  By, among other things, willfully, forcibly, and without
consent, entering upon the Scotts' property and kicking in their
door on the night of September 28, 1994, providing
confidential medical information to third parties, obtaining
and providing a letter to law enforcement officials that
misrepresented the danger of abortion to [redacted] and caused
law enforcement to intrude upon the home where [redacted]
Scott was staying and remove her from her family, and by
interfering with [redacted] Scott's right to bodily integrity and
autonomy with respect to her childbearing decisions and the
Scott family's right to family privacy and integrity, defendants
[redacted], Kathy Tull and John Tull intruded upon plaintiffs'
solitude in violation of NRS Section 20-203.

51.  By, among other things, violently trespassing onto
plaintiffs' property, assaulting [redacted], Carl and Connie
Scott, calling them "baby killers," obtaining and providing a
letter to law enforcement officials that  misrepresented the
danger of abortion to [redacted]and caused such law
enforcement officials to take [redacted] into custody in the
middle of the night, remove her from her parents, hold her in a
police station and place her with total strangers for over 36
hours, all of which, in addition to continuing harassment, has
resulted in injury to all plaintiffs including interference with
[redacted] Scott's bodily autonomy regarding her decision
whether to continue her pregnancy, and all of which has led to
humiliating, disabling and debilitating emotional injury for the
Scott family including, but not limited to, [redacted]'s inability
to leave her house alone and to continue her education at Blair
High School, and the Scott family's decision to move out of
town, defendants [redacted], Kathy Tull, John Tull, K.C.
Bagby, and James Jordan have intentionally inflicted
emotional distress upon plaintiffs.

52.  As a direct and proximate result of the foregoing actions
by the Defendants, the plaintiffs have suffered and continue to
suffer damages.

WHEREFORE, plaintiffs pray that this Honorable Court:

I.  Declare that the seizure of plaintiff [redacted] Scott,
removal from her family, placement in police and foster
custody and interference with her right to reproductive choice
and plaintiffs' right of family integrity were unconstitutional
and tortious;

II.  Award plaintiffs compensatory and punitive damages;

III.  Enjoin defendants Washington County and Samson from
intervening, investigating, authorizing state custody or filing
further petitions, under the Nebraska child protection laws or
otherwise, based on a woman's decision to consider an
abortion and enjoin defendants Howard, Willis, Lager, Thallis,
Shear and John Doe I-VIII from taking a minor into custody
under the child protection laws of Nebraska or otherwise
based on her decision to consider an abortion;

IV.  Award plaintiffs reasonable attorneys' fees and the costs
of this action, pursuant to 42 U.S.C. Section 1988 and any
other applicable law; and

V.  Award such further or other relief as the Court deems just
and proper.


DEMAND FOR JURY TRIAL

Plaintiffs demand trial by jury of all issues triable by jury in
Lincoln, Nebraska.    DATED:____________________  BY:
________________________


Jeanelle Kleveland, Esq.
333 South  9th Street
Lincoln, Nebraska  68508
[phone]
Bar No. 17565

Cooperating Counsel for the Nebraska
Civil Liberties Union

________________________

Pat Knapp, Esq.
1614 N. 31st
Lincoln, Nebraska  68503
[phone]
Bar No. 17718

Cooperating Counsel for the Nebraska
Civil Liberties Union

________________________

Louise Melling
Reproductive Freedom Project
American Civil Liberties Union Foundation 132 W. 43rd
Street New York, New York  10036 [phone]

Attorneys for Plaintiffs