Legal Opinion

Simons v. State, Department of Human Services

North Dakota Supreme Court

Decided September 15, 2011No. 20110012PublishedCited by 16 opinions

1Opinion of the Court

SANDSTROM, Justice.

[¶ 1] Ben Simons appealed from a district court judgment affirming an order of the Department of Human Services finding that Simons had abused his two-year-old child and that services were required. We affirm, concluding the Department’s findings that Simons had inflicted bodily injury, as defined by statute, upon the child and used unreasonable force are supported by a preponderance of the evidence and the relevant statutory provisions governing child abuse are not unconstitutionally overbroad or vague.

I

[¶ 2] Ben and Traci Simons are married and have six children. In…

2Cases cited26 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
  3. Zwickler v. KootaSupreme Court of the United States · 1967
  4. Teigen v. StateNorth Dakota Supreme Court · 2008
  5. State v. BrownNorth Dakota Supreme Court · 2009

21 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Elmer J. Bailey v. State of IndianaIndiana Supreme Court · 2012
  2. State v. BirchfieldNorth Dakota Supreme Court · 2015
  3. Beylund v. LeviNorth Dakota Supreme Court · 2015
  4. State v. PavlicekNorth Dakota Supreme Court · 2012
  5. Capps v. WeflenNorth Dakota Supreme Court · 2014

11 more not listed; retrieve them via the Exa API.

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