Legal Opinion
Gakin v. City of Rapid City
South Dakota Supreme Court
Decided June 1, 2005No. NonePublishedCited by 11 opinions
1Opinion of the Court
SABERS, Justice.
[¶ 1.] Maria Gakin and Frederick Eagle Tail, Jr. filed suit alleging that cemetery employees moved the grave of their deceased infant son without their consent. The city of Rapid City (City), which owns and operates the cemetery, denies these accusations. The trial court granted the City’s motion for summary judgment on all state claims based on failure to file notice of claim within 180 days pursuant to SDCL 3-21-2 and on all federal civil rights claims based on lack of liability. The parents appeal and we affirm Issues 1 and 3A and reverse Issues 2 and 3B.
Facts
[¶ 2.] Maria…
2Cases cited22 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- City of Canton v. HarrisSupreme Court of the United States · 1989
- Garrett v. BankWest, Inc.South Dakota Supreme Court · 1990
- Chem-Age Industries, Inc. v. GloverSouth Dakota Supreme Court · 2002
- Roth v. Farner-Bocken Co.South Dakota Supreme Court · 2003
17 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kennedy v. Carriage Cemetery Services, Inc.District Court, D. Nevada · 2010
- ALVINE FAMILY LTD. PARTNERSHIP v. HagemannSouth Dakota Supreme Court · 2010
- Loesch v. City of HuronSouth Dakota Supreme Court · 2006
- Dana v. Heartland Management Co.Court of Appeals of Kansas · 2013
- Anderson v. KellerSouth Dakota Supreme Court · 2007
6 more not listed; retrieve them via the Exa API.