Case: Kenny A. v. Perdue

1:02-cv-01686 | U.S. District Court for the Northern District of Georgia

Filed Date: June 19, 2002

Case Ongoing

Clearinghouse coding complete

Case Summary

The advocacy organization Children's Rights, Inc. filed this lawsuit in June 2002 against the state of Georgia and the Departments of Family and Children Services (DFCS) in Fulton and DeKalb Counties, on behalf of children in foster care in Fulton and DeKalb counties. Plaintiffs alleged violations of the Georgia State Constitution, the First, Ninth, and Fourteenth Amendments to the United States Constitution, the Adoption Assistance and Child Welfare Act of 1980, the Medicaid Act, and the Multi…

The advocacy organization Children's Rights, Inc. filed this lawsuit in June 2002 against the state of Georgia and the Departments of Family and Children Services (DFCS) in Fulton and DeKalb Counties, on behalf of children in foster care in Fulton and DeKalb counties. Plaintiffs alleged violations of the Georgia State Constitution, the First, Ninth, and Fourteenth Amendments to the United States Constitution, the Adoption Assistance and Child Welfare Act of 1980, the Medicaid Act, and the Multiethnic Placement Act of 1994. The complaint alleged that children did not receive necessary treatment and services while spending months in emergency shelters, experienced abuse and neglect as a result of an insufficient number of caseworkers, and received inadequate health care and emotional services while in foster care. Plaintiffs originally brought suit in Georgia state courts, but the stated removed the case to federal court because the cause of action included federal laws.

Judge Marvin Shoob of the U.S. District Court for the Northern District of Georgia granted plaintiffs' motion for class certification in August 2003, and at the same time granted the defendants' motion to dismiss in part regarding certain claims about the operation of emergency shelters, because the shelters had been closed. The Court denied a later motion for summary judgment filed by the counties and found that children in foster care in Georgia have a state statutory and constitutional right to effective counsel in child abuse and neglect proceedings. Kenny A. v. Perdue, 356 F. Supp. 2d 1353 (N.D. Ga. 2005).

In July 2005, Georgia agreed to a settlement that limited the caseload of case workers and required the state to meet benchmarks in numerous areas of service to children, including medical, dental, and mental health screenings and treatment. The court assigned two independent monitors to report on Georgia's progress towards meeting the benchmarks.

The county defendants entered into a consent decree with plaintiffs in May 2006; it approved the right-to-counsel settlements and established independent monitors for each county until the counties remain in substantial compliance for a continuous eighteen month period. The consent decrees established staffing requirements and caseloads for child advocate attorneys, and other bureaucratic changes to how Fulton County manages its County Child Advocate Attorneys office. DeKalb County and Fulton County were released from federal oversight in October 2008 and April 2011, respectively, because they had improved the quality of representation provided to foster children.

In August 2008, the plaintiffs filed a contempt motion against the state, citing its failure to meet court-ordered requirements to place hundreds of children in permanent homes. The state and plaintiffs jointly filed an agreement to consult national welfare experts in order to review the cases of all children in the backlog and to place them in permanent homes. The court Monitor has made six-month reports on the Georgia's progress towards meeting benchmarks.

On November 2, 2015, the parties agreed to a joint stipulation and order to modify the consent decree. The original consent decree required two independent accountability agents, but the parties agree to reduce that to one agent.

On February 16, 2016, the independent monitor team submitted a report finding the State was still not compliant with the court-ordered benchmarks. On February 24, 2016, the case was transferred from Judge Shoob, who had had it since its inception in 2002, to Judge Thomas W. Thrash, Jr.

On December 5, 2016, the court granted a joint motion to modify the consent decree, adding additional clarifications and stipulations regarding placements, visitation, outcome measures, process and infrastructure requirements, terms upon which State Defendants may move for the termination of the consent decree, and dispute resolution provisions. The modified consent decree also provided for biannual reports from the Monitoring and Technical Assistance Team on the ongoing and attained outcomes.

The civil case was closed on August 17, 2017, but biannual monitoring reports continue to be filed. As of June 2018, the monitoring report noted that the Dekalb and Fulton County directors were prioritizing increasing the staff size and quality of training while emphasizing keeping families together and reducing the foster population. However, the report also found that there were inconsistencies in the data relating to caseload, vacancies, new hires and turnover.

As of April 2020, the biannual monitoring reports continue to be filed. The January 2020 report shows that the counties have continued to increase their efforts to initially search for and place children with relatives, visitation has improved in all areas, and the state met the threshold for timelines to adoption and guardianship after parental rights have been terminated or released. However, the region continues to struggle with children and teenagers re-entering care and with meeting educational and mental health needs of children in care.

Attorneys fees

In addition to the litigation regarding enforcement of the consent decree, this case also included extensive litigation regarding the award of attorney's fees to the plaintiffs. The consent decree with the State did not resolve the issue of attorney's fees and the parties had left that to the court to decide. The plaintiffs submitted a request for more than $14 million in attorney's fees. Half of that amount was based on their calculation of the lodestar (the number of hours spent working on the case multiplied by the attorneys' hourly rate). The other half was a fee enhancement for superior work and results. The defendants objected to the fee request, contending that some of the proposed hourly rates were too high, that the hours claimed were excessive, and that the enhancement would duplicate factors that were reflected in the lodestar amount.

On October 3, 2006, the district court awarded fees of approximately $10.5 million. 454 F.Supp.2d 1260 (N.D.Ga.2006). The court determined that the lodestar was $6 million and then enhanced that amount by 75% to account for superior performance and results. The defendants appealed this determination to the Eleventh Circuit.

After oral argument, a panel of the Eleventh Circuit affirmed the district court's award because it was not an abuse of discretion to award that amount of attorney's fees on July 3, 2008. 532 F.3d 1209 (2008). The eleventh circuit judges were divided over the district court's enhancement. The Eleventh Circuit denied the defendants' request for a rehearing en banc but was also divided over this ruling. The defendants petitioned the Supreme Court for a writ of certiorari seeking review solely as to the $4.5 million enhancement, which the Supreme Court granted. The Supreme Court heard oral argument on October 14, 2009.

Then, on April 21, 2010, the Supreme Court reversed the award of attorney's fees and remanded the case for further proceedings. The Supreme Court reaffirmed the rule that enhancements are permitted in extraordinary circumstances, but held that the district court had not provided proper justification for the enhancement it awarded in this case. The Supreme Court outlined standards for enhancements: 1) there is a strong presumption that the lodestar is sufficient; 2) factors subsumed in the lodestar calculation cannot be used as a ground for increasing an award above the lodestar; and 3) a party seeking fees has the burden of identifying a factor that the lodestar does not adequately take into account and proving with specificity that an enhanced fee is justified. The Supreme Court reversed and remanded because the District Court had not applied these standards. 559 U.S. 542 (2010).

Accordingly, on September 2, 2010, the Eleventh Circuit vacated the district court's order and judgment entered on October 3, 2006, awarding the plaintiffs attorney's fees, costs, and remanded the case for further proceedings consistent with the Supreme Court's decision and opinion. 616 F.3d 1230 (2010).

The parties submitted new briefs and the district court heard oral argument on the issue. On July 19, 2011, the district court held that plaintiffs were not entitled to an enhancement under the new guidelines established by the Supreme Court.

Summary Authors

Elizabeth Homan (10/8/2012)

Frances Hollander (2/21/2016)

Jessica Kincaid (4/19/2016)

Rachel Carpman (11/9/2018)

Claire Shimberg (4/24/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4718868/parties/a-v-barnes/


Judge(s)

Carnes, Julie E. (Georgia)

Hill, James Clinkscales (Florida)

Shoob, Marvin Herman (Georgia)

Thrash, Thomas W. Jr. (Georgia)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Antonucci, Stacy F. (New York)

Borten, Laurence D. (New York)

Boyd, Samika Nicole (Georgia)

Brackett, David G.H. (Georgia)

Bramlett, Jeffrey O. (Georgia)

Judge(s)

Carnes, Julie E. (Georgia)

Hill, James Clinkscales (Florida)

Shoob, Marvin Herman (Georgia)

Thrash, Thomas W. Jr. (Georgia)

Wilson, Charles R. (Florida)

Attorneys(s) for Plaintiff

Antonucci, Stacy F. (New York)

Borten, Laurence D. (New York)

Boyd, Samika Nicole (Georgia)

Brackett, David G.H. (Georgia)

Bramlett, Jeffrey O. (Georgia)

Caplan, Michael A. (Georgia)

Finch, Aaron Hirsh (New York)

Gray, Douglas C. (New York)

Hamrick, Gordon Lee IV (Georgia)

Hechtman, Sarah (New York)

Holt, Daniel W.E. (New York)

Hyne, Elissa Lee Glucksman (New York)

Lowry, Marcia Robinson (New York)

Lustbader, Ira P. (New York)

Nothenberg, Shirim (New York)

Pitchal, Erik S. (New York)

Powell, Jeffrey K. (New York)

Remlin, Christina Wilson (New York)

Ricci, Jane M. (Georgia)

Shalf, Sarah M. (Georgia)

Attorneys(s) for Defendant

Alexander, Carmen R. (Georgia)

Baker, Thurbert E. (Georgia)

Brantley, Overtis Hicks (Georgia)

Brown, Vivica Mitchell (Georgia)

Chandler, Patricia A. (Florida)

Cohen, Mark Howard (Georgia)

Dancy, Rolesia Butler (Georgia)

Davis, Jefferson James (Georgia)

Denmark, Winston A. (Georgia)

Dunn, Dennis R. (Georgia)

Hicks, Charles George (Georgia)

Jones, John Custer (Georgia)

Linkous, William J. III (Georgia)

Lovett, William Jake Jr. (Georgia)

MacKenzie, Andrew George (Georgia)

Nelson, Shalen S. (Georgia)

Olens, Samuel (Georgia)

Pacious, Kathleen Mary (Georgia)

Ruel, Charissa Ann (Georgia)

Snelling, Eddie Jr. (Georgia)

Taylor, Elizabeth B. (Georgia)

Theriot, Jamie L. (Georgia)

Whitted, Stephen E. (North Carolina)

Other Attorney(s)

Becker, Joshua Luke (Georgia)

Fletcher, Courtney Carter (Georgia)

Howell, Terry Robert (Georgia)

Mast, J. Timothy (Georgia)

Mazziotti, Thomas J. (Georgia)

Expert/Monitor/Master

Bartosz, Michael [Sara Michelle] K. (New York)

Baynes, Steve (District of Columbia)

Baynes-Dunning, Karen (Georgia)

Black, Elizabeth (Maryland)

Dimas, James T. (Maryland)

Haight, Jennifer Miller (Illinois)

Hirokawa, Corey Fleming (Georgia)

Morrison, Sarah A. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

A. v. Barnes

Jan. 22, 2020 Docket
193

Opinion

218 F.R.D. 277

Aug. 13, 2003 Order/Opinion
194

First Amended Complaint

Kenny A. v. Barnes

Aug. 20, 2003 Complaint
426

Order

356 F.Supp.2d 1353

Feb. 8, 2005 Order/Opinion
438-2

Consent Decree (State)

July 5, 2005 Settlement Agreement
519

Consent Decree (Fulton County)

Feb. 13, 2006 Settlement Agreement
525-4

Consent Decree (Dekalb County)

March 23, 2006 Settlement Agreement
534

Order

454 F.Supp.2d 1260

Oct. 3, 2006 Order/Opinion
548

Period One Monitoring Report

Nov. 3, 2006 Monitor/Expert/Receiver Report

Period Two Monitoring Report

June 18, 2007 Monitor/Expert/Receiver Report

Resources

Title Description External URL

Perdue v. Kenny A.

SCOTUSBlog

A federal court can award larger-than-usual attorney's fees to a civil rights lawyer who gives an especially strong performance in a particular case, but only in extraordinary circumstances. April 21, 2010 https://www.scotusblog.com/case-files/cases/perdue-v-kenny-a/

Kenny A. v. Purdue

National Center for Youth Law

This lawsuit against Georgia’s Department of Children and Family Services (DCFS) in Fulton and DeKalb Counties sought to end statutory and constitutional violations of the rights of approximately 3,0… Nov. 18, 2016 https://youthlaw.org/case/kenny-v-purdue/

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4718868/a-v-barnes/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

NOTICE OF REMOVAL with CLASS ACTION COMPLAINT (Pretrial instructions attached to service copies and returned to attorney for service.) FILING FEE $150.00 RECEIPT #490190 (aet) (Entered: 06/24/2002)

June 19, 2002 RECAP
2

Amendment to [1-1] removal complaint by defendants. (aet) (Entered: 06/24/2002)

June 19, 2002 PACER

Added attorney for plaintiffs: Marcia Robinson Lowry, Ira P. Lustbader, Jeffrey K. Powell, and Stacy F. Antonucci. (aet)

June 19, 2002 PACER
3

MOTION by plaintiffs to expedite discovery with brief in support. (aet) (Entered: 06/24/2002)

June 20, 2002 PACER
4

ORDER by Judge G. E. Tidwell, recusing Judge. Case reassigned to Judge Marvin H. Shoob (cc w/notice) (bsm) (Entered: 06/24/2002)

June 20, 2002 PACER
5

PETITION for leave of absence of ELIZABETH B. TAYLOR for the period of 7/1/02-7/12/02; 7/29/02-8/16/02; & 8/26/02-9/13/02 (to: MHS) (er) (Entered: 06/28/2002)

June 27, 2002 PACER
6

Application for admission of Jeffrey A. Powell pro hac vice for plaintiffs (ck) (Entered: 07/01/2002)

June 27, 2002 PACER
7

Application for admission of pro hac vice of Ira P. Lustbader for plaintiffs (to MHS) (ck) (Entered: 07/01/2002)

June 27, 2002 PACER
8

Application for admission of pro hac vice of Marcia Lowry for plaintiffs. (to MHS) (ck) (Entered: 07/01/2002)

June 27, 2002 PACER
9

Motion HEARING held before Judge Marvin H. Shoob [3-1] motion to expedite discovery GRANTED. Dfts given until 7/8/02 to respond to complaint. Dfts to provide DeKalb documents by 7/12/02 and Fulton documents by 7/17/02; depositions to be set 5 days later. Order to be prepared by pla. (adg) (Entered: 07/03/2002)

June 28, 2002 PACER
10

ORDER by Judge Marvin H. Shoob GRANTING [3-1] motion to expedite discovery (cc) (jph) (Entered: 07/09/2002)

July 3, 2002 PACER

Steno notes of proceedings held 6/28/02 before Judge J. O. Forrester, by Court Reporter Lois D. Phillips. (adg)

July 5, 2002 PACER
11

ENDORSED ORDER by Courtroom Deputy clerk APPROVING [6-1] pro hac vice application of Jeffrey Powell (cc) (jph) (Entered: 07/09/2002)

July 8, 2002 PACER
12

ENDORSED ORDER by Courtroom Deputy APPROVING [7-1] pro hac vice application of Ira P. Lustbader (cc) (jph) (Entered: 07/09/2002)

July 8, 2002 PACER
13

ENDORSED ORDER by CRD APPROVING [8-1] pro hac vice application of Marcia Lowery (cc) (jph) (Entered: 07/09/2002)

July 8, 2002 PACER
14

ANSWER by defendants Roy Barnes, Department of Human, James Martin, Family & Children Sv, Beverly Jones, DeKalb County DFCS, and Wayne Drummond to complaint [1-1] Discovery ends 12/5/02 (jph) Additional attachment(s) added on 12/10/2004 (dgs). (Entered: 07/09/2002)

July 8, 2002 PACER
15

ANSWER by defendant DeKalb County to complaint [1-1] (jph) (Entered: 07/09/2002)

July 8, 2002 PACER
16

ANSWER by defendant Fulton County to complaint [1-1] (jph) (Entered: 07/09/2002)

July 8, 2002 PACER
17

MOTION by defendant to extend time for 10 days after supplement to Motion for class certification (not on docket) to respond to said motion (jph) (Entered: 07/09/2002)

July 8, 2002 PACER
18

ORDER by Judge Marvin H. Shoob GRANTING the [17-1] motion to extend time for 10 days after supplement to Motion for certification (not on docket) to respond to said motion. (cc) (aaq) (Entered: 07/11/2002)

July 9, 2002 PACER
19

Objections by State defendants to request to inspect. (crc) (Entered: 07/15/2002)

July 12, 2002 PACER
20

MOTION by state defendants to expedite production of docs. (er) (Entered: 07/16/2002)

July 15, 2002 PACER
21

RESPONSE by state defts to [3-1] plas' request for expedited production of docs. (er) (Entered: 07/17/2002)

July 15, 2002 PACER
22

Application for admission of Sarah Hechtman pro hac vice for plas. Fee paid - $100.00 Receipt #491447. (to: MHS) (er) (Entered: 07/17/2002)

July 16, 2002 PACER
23

SECOND REQUEST by state defts for expedited production of docs. (er) (Entered: 07/18/2002)

July 17, 2002 PACER
24

RESPONSE by state defts to plas' [3-1] request for expedited production of docs. (er) (Entered: 07/18/2002)

July 17, 2002 PACER
25

Preliminary Report and Discovery Schedule by plas. (to: MHS) (er) (Entered: 07/22/2002)

July 19, 2002 PACER
26

REQUEST by state defts for protective order with brief in support. (er) (Entered: 07/22/2002)

July 19, 2002 PACER
27

RESPONSES TO INITIAL DISCLOSURES by state defts. (er) (Entered: 07/23/2002)

July 22, 2002 PACER
28

BRIEF by pla in opposition to [26-1] defts' request for protective order. (er) (Entered: 07/23/2002)

July 22, 2002 PACER
29

ORDER by Judge Marvin H. Shoob DENYING [26-1] defts' request for protective order and GRANTING plas' request for a protective order to prevent further obstruction of the shelter inspections. (cc) (er) (Entered: 07/25/2002)

July 24, 2002 PACER
30

REPLY by defts to plas' response to [26-1] their request for protective order (er) (Entered: 07/29/2002)

July 24, 2002 PACER
31

ORDER by Judge Marvin H. Shoob, directing the parties to submit a Joint Preliminary Report and Discovery Plan w/in (10) days of the date of entry of this order. [31-1] order to be submitted on 8/9/02 (cc) (er) (Entered: 07/29/2002)

July 26, 2002 PACER
32

ENDORSED ORDER APPROVING [22-1] application of Sarah Hechtman pro hac vice with Jane Okrasinski as local counsel; approved by ct/room depty. (cc) (er) (Entered: 07/30/2002)

July 29, 2002 PACER
33

MOTION by plas for the substitution of a next friend with brief in support. (er) (Entered: 08/05/2002)

Aug. 2, 2002 PACER

Proposed consent protective order by the parties. (to: MHS) (er)

Aug. 2, 2002 PACER
34

CONSENT PROTECTIVE ORDER ENTERED, signed by Judge Marvin H. Shoob. (cc) (er) (Entered: 08/07/2002)

Aug. 6, 2002 PACER

SUBMITTED to Judge Marvin H. Shoob on [20-1] motion to expedite production of docs. by state defts and second request by state defts [23-1] for expedited production of docs. (er)

Aug. 8, 2002 PACER
35

Notice to take deposition of DEPARTMENT OF HUMAN RESOURCES by plas. (er) (Entered: 08/09/2002)

Aug. 8, 2002 PACER
36

Notice to take deposition of LINDA WINN, THERESA ROTH, and CAROL HUFF by dft Fulton County. (er) (Entered: 08/13/2002)

Aug. 12, 2002 PACER

Terminated submissions. (er)

Aug. 13, 2002 PACER
37

Certificate of interested persons. (to: MHS) (er) (Entered: 08/15/2002)

Aug. 14, 2002 PACER
38

JOINT Preliminary Report and Discovery Schedule. (to: MHS) (er) Modified on 08/22/2002 (Entered: 08/15/2002)

Aug. 14, 2002 PACER

SUBMITTED to Judge Marvin H. Shoob on [33-1] plas' motion for the substitution of a next friend. (*** file in chambers ***) (er)

Aug. 21, 2002 PACER
39

ORDER by Judge Marvin H. Shoob GRANTING [33-1] motion for the substitution of a next friend; Theresa Roth is substituted for Alesia Adams as next friend for Phelicia D. (cc) (er) (Entered: 08/27/2002)

Aug. 26, 2002 PACER
40

TRANSCRIPT filed for dates of 6/28/02 Court Reporter: Lois D. Phillips (bsm) (Entered: 08/29/2002)

Aug. 28, 2002 PACER
41

Notice to take deposition of Carol Huff by Fulton County (bsm) (Entered: 08/29/2002)

Aug. 28, 2002 PACER
42

Notice to take deposition of Linda Winn by Fulton County (bsm) (Entered: 08/29/2002)

Aug. 28, 2002 PACER
43

Notice to take deposition of Theresa Roth by Fulton County (bsm) (Entered: 08/29/2002)

Aug. 28, 2002 PACER
44

MOTION by plaintiffs to compel expedited production of docs. with brief and exhibits in support & prop/order. (er) (Entered: 09/06/2002)

Sept. 5, 2002 PACER
45

OBJECTIONS by State defts to the hearing scheduled for 9/9/02. (er) (Entered: 09/09/2002)

Sept. 6, 2002 PACER
46

Motion HEARING held before Judge Marvin H. Shoob [44-1] plas' motion to compel expedited production of docs. taken under advisement. Plas to file motion for prel. inj. & given permission to file 80 pages - defts given 80 pages also. Plas given permission file exhibits UNDER SEAL. (er) Modified on 09/10/2002 (Entered: 09/10/2002)

Sept. 9, 2002 PACER
47

TRANSCRIPT filed RE: for dates of 09/10/02 Court Reporter: LINDA W. BAGGETT - Hearing on pla's motion to compel. (er) (Entered: 09/19/2002)

Sept. 16, 2002 PACER
48

Notice of appearance for defendants by Jefferson James Davis (er) (Entered: 09/19/2002)

Sept. 17, 2002 PACER
49

RESPONSE by State Defts to [44-1] plas' motion to compel expedited production of docs. (er) (Entered: 09/19/2002)

Sept. 17, 2002 PACER

SUBMITTED to Judge Marvin H. Shoob on [44-1] plas' motion to compel expedited production of docs. (er)

Sept. 19, 2002 PACER
50

MOTION by plaintiffs for preliminary injunction with brief in support & prop/order. (er) (Entered: 09/20/2002)

Sept. 19, 2002 PACER
51

Notice of filing the declaration of Lynn M. Adam and affidavit of Kevin Parker in support of motion for prel. injunction, dated 9/9/02 by plaintiffs. (er) (Entered: 09/20/2002)

Sept. 19, 2002 PACER
52

Notice of FILING exhibits in support of motion for prel. injunction by plas. (3 vols.) (vol. 2 & 3 filed *** UNDER SEAL ***) (er) Modified on 09/20/2002 (Entered: 09/20/2002)

Sept. 19, 2002 PACER
53

ENDORSED ORDER on report by Judge Marvin H. Shoob APPROVING [38-1] preliminary statement, GRANTING plas' request for an initial case management conference, at that conference the court will consider plas' request to increase the number of depositions to 50 (cc) (bsm) (Entered: 09/24/2002)

Sept. 23, 2002 PACER
54

MOTION by State Defts for additional time to respond plas' [50-1] motion for preliminary injunction with brief in support. (er) (Entered: 09/26/2002)

Sept. 25, 2002 PACER
55

REPLY MEMORANDUM by plaintiffs in support of their [44-1] motion to compel expedited production of docs. (er) (Entered: 09/26/2002)

Sept. 25, 2002 PACER
57

STATUS CONFERENCE HELD before Judge Marvin H. Shoob. Plas' request to take depositions Granted - Defts allowed the same. Defts to respond to plas' motion for prel. inj. by 11/4/02; Plas to supplement their motion to compel - Defts have (5) days to respond. Prel. inj. hearing set for 11/14/02 at 11:00 a.m. (er) (Entered: 10/07/2002)

Oct. 2, 2002 PACER
56

ORDER by Judge Marvin H. Shoob, directing Marilyn Weaver and Rebeca Silvey, to appear and permit the taking of their depositions on Monday 10/07/02 and Tuesday, 10/08/02 at the time and places indicated in defts' third notice of deposition, served on counsel for plas on 10/01/02 (cc) (er) (Entered: 10/03/2002)

Oct. 3, 2002 PACER
58

Attorney appearance for defendants by Winston A. Denmark (er) (Entered: 10/07/2002)

Oct. 3, 2002 PACER
59

ORDER by Judge Marvin H. Shoob AMENDING [56-1] order as follows: Rebeca Silvey, to appear for her deposition on Thursday, October 10, 2002. Marilyn Weaver's replacement as next friend for pla Priscilla G. shall be identified, and her deposition shall take place, as soon as possible. (cc) (er) (Entered: 10/08/2002)

Oct. 4, 2002 PACER

SUBMITTED to Judge Marvin H. Shoob on [54-1] State Defts' motion for additional time to respond plas' [50-1] motion for preliminary injunction. (*** file in chambers ***) (er)

Oct. 9, 2002 PACER

Steno notes of proceedings held 9/9/02 before Judge Marvin H. Shoob by Court Reporter Linda W. Baggett. (bsm)

Oct. 10, 2002 PACER
60

ORDER by Judge Marvin H. Shoob GRANTING [44-1] pla's motion to compel expedited production of docs. & directing defts to produce the docs. described w/in (3) days of the date of entry of this order. The parties shall bear their own costs incurred in connection with the motion. (cc) (er) (Entered: 10/16/2002)

Oct. 15, 2002 PACER
61

MOTION by State Defts for reconsideration and for clarification of [60-1] order granting plas' request for motion to compel (er) (Entered: 10/17/2002)

Oct. 16, 2002 PACER
62

ORDER by Judge Marvin H. Shoob GRANTING IN PART AND DENYING IN PART [61-1] defts' motion for reconsideration and [61-2] for clarification of [60-1] order granting plas' request for expedited production of docs. (cc) (er) (Entered: 10/21/2002)

Oct. 18, 2002 PACER
63

MOTION by plas for the substitution of a next friend with brief in support. (er) (Entered: 10/21/2002)

Oct. 18, 2002 PACER
64

RESPONSE by plas to State Defts' [61-1] motion for reconsideration and [61-2] for clarification of [60-1] order granting plas' request for motion to compel. (er) (Entered: 10/21/2002)

Oct. 18, 2002 PACER
65

ORDER by Judge Marvin H. Shoob GRANTING [63-1] plas' motion for the substitution of a next friend; Roslyn M. Satchel is substituted for Marilyn Weaver as Next Friend for Priscilla G. (cc) (er) (Entered: 10/21/2002)

Oct. 18, 2002 PACER
66

ORDER by Judge Marvin H. Shoob, directing the parties to consult regarding the issues raised to reach agreement; any matters that cannot be resolved by agreement, the Court DIRECT plas to file a motion by 4:00p.m., 11/4/02, setting forth each unresolved issue and stating plas' proposed resolution; Dfts shall have until 3:00 p.m., 11/7/02, to file their response. [66-1] order to be submitted on 11/7/02 (cc) (er) (Entered: 10/31/2002)

Oct. 31, 2002 PACER
76

Application for admission of Erik S. Pitchal pro hac vice for plas. Fee Paid - Receipt # 496614. (to: MHS) (er) (Entered: 11/07/2002)

Oct. 31, 2002 PACER
67

RESPONSE by dft DeKalb County to plas' [50-1] motion for preliminary injunction (er) (Entered: 11/05/2002)

Nov. 4, 2002 PACER
68

RESPONSE by dft Fulton County to plas' [50-1] motion for preliminary injunction (er) (Entered: 11/05/2002)

Nov. 4, 2002 PACER
69

Notice of Attorney appearance for defts Roy Barnes, Department of Human, James Martin, Family & Children Sv, Beverly Jones, DeKalb County DFCS, Wayne Drummond by Mark Howard Cohen (er) (Entered: 11/05/2002)

Nov. 4, 2002 PACER
70

MOTION by State Defts to dismiss with brief in support. (er) (Entered: 11/05/2002)

Nov. 4, 2002 PACER
71

MOTION by State Defts to exceed page limitation for brief in support of their motion to dismiss with brief in support. (er) (Entered: 11/05/2002)

Nov. 4, 2002 PACER
72

BRIEF by State Defts in opposition to plas' [50-1] motion for preliminary injunction. (er) (Entered: 11/05/2002)

Nov. 4, 2002 PACER
73

EXHIBITS in support of State Defts' brief in opposition to plas' motion for preliminary injunction. (er) (Entered: 11/05/2002)

Nov. 4, 2002 PACER
74

MOTION by plas in limine in connection with hearing on motion for preliminary injunction with brief in support. (er) (Entered: 11/05/2002)

Nov. 4, 2002 PACER
75

Notice of filing VOL IV (Exhibits 80-98) by plas in support of motion in limine and in further support of motion for preliminary injunction. (*** UNDER SEAL ***) (er) (Entered: 11/06/2002)

Nov. 4, 2002 PACER
77

SUPPLEMENT TO INITIAL DISCLOSURES by State Defts. (er) Modified on 11/07/2002 (Entered: 11/07/2002)

Nov. 5, 2002 PACER
78

MOTION by dft DeKalb County to dismiss with brief in support. (er) (Entered: 11/07/2002)

Nov. 6, 2002 PACER
79

Attorney appearance for plaintiff s by Jeffrey O. Bramlett and Corey Fleming Hirokawa (er) (Entered: 11/07/2002)

Nov. 6, 2002 PACER
80

RESPONSE by dft DeKalb County to plas' [74-1] motion in limine in connection with hearing on motion for preliminary injunction (er) Modified on 11/08/2002 (Entered: 11/08/2002)

Nov. 7, 2002 PACER
81

RESPONSE by State Defts to [66-1] order and to [74-1] plas' motion in limine in connection with hearing on motion for prel. inj. (er) (Entered: 11/08/2002)

Nov. 7, 2002 PACER

SUBMITTED to Judge Marvin H. Shoob on [74-1] plas' motion in limine in connection with hearing on motion for preliminary injunction. (*** file in chambers ***) (er)

Nov. 8, 2002 PACER
82

RESPONSE by dft Fulton County to [74-1] plas' motion in limine in connection with hearing on motion for prel. inj. (er) (Entered: 11/12/2002)

Nov. 8, 2002 PACER
83

SUPPLEMENT TO ANSWERS TO INITIAL DISCLOSURES by dft Fulton County (er) (Entered: 11/12/2002)

Nov. 8, 2002 PACER
84

ORDER by Judge Marvin H. Shoob GRANTING IN PART AND DENYING IN PART [74-1] plas' motion in limine in connection with hearing on motion for preliminary injunction. (cc) (er) (Entered: 11/12/2002)

Nov. 8, 2002 PACER
85

REPLY MEMORANDUM OF LAW by plas in further support of [50-1] plas' motion for preliminary injunction. (er) (Entered: 11/13/2002)

Nov. 12, 2002 PACER
86

Notice of intent to introduce Stone Mountain Police Department call logs, dated from January, 2002 to the present by plas. (er) (Entered: 11/13/2002)

Nov. 12, 2002 PACER
87

Notice of the original affidavits of service of supboenas on Dr. Roy Quincy Sanders, Bridget Greene, Sharron Holmes, Judge Sanford Jones, Normer Adams, Judge Robin Nash, Officer Justin Lykins, M.B.(under seal) and H.L.(under seal) by plas. (er) (Entered: 11/13/2002)

Nov. 12, 2002 PACER

The original affidavits of service of subpoenas on M.B. and H.L. [87-1] were filed *** under seal *** (er)

Nov. 12, 2002 PACER
88

Notice of original deposition transcripts of Wayne Brummond(2 vols); Sarah Motton; Beverly W. Jones; and Wayne McLean by plas. (er) (Entered: 11/13/2002)

Nov. 12, 2002 PACER
89

Depositions of WAYNE DRUMMOND(2 vols.); SARAH MOTTON; BEVERLY W. JONES; and WAYNE MCLEAN(2 vols.) by plas. (*** UNDER SEAL ***) (er) (Entered: 11/13/2002)

Nov. 12, 2002 PACER

State / Territory: Georgia

Case Type(s):

Child Welfare

Key Dates

Filing Date: June 19, 2002

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of all Fulton and DeKalb County, Georgia, foster children.

Attorney Organizations:

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Georgia, State

Fulton County, County

DeKalb County, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Adoption Assistance Program, 42 U.S.C. §§ 670 et seq.

Medicaid, 42 U.S.C §1396 (Title XIX of the Social Security Act)

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

U.S. Supreme Court merits opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2005 - None

Content of Injunction:

Hire

Other requirements regarding hiring, promotion, retention

Implement complaint/dispute resolution process

Reporting

Monitor/Master

Recordkeeping

Monitoring

Training

Issues

General:

Access to lawyers or judicial system

Adoption

Classification / placement

Commitment procedure

Conditions of confinement

Counseling

Education

Emergency shelter

Family abuse and neglect

Foster care (benefits, training)

Government Services

Habilitation (training/treatment)

Juveniles

Neglect by staff

Placement in shelters

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Quality of representation

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Totality of conditions

Crowding:

Crowding / caseload

Affected Gender:

Female

Male

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Type of Facility:

Government-run

Benefit Source:

Medicaid