Case: Joseph v. Hartz

1:80-cv-00623 | U.S. District Court for the District of New Mexico

Filed Date: July 25, 1980

Closed Date: 2006

Clearinghouse coding complete

Case Summary

This class action involving neglected and dependent children placed in New Mexico's foster care system was filed on July 25, 1980, in the U.S. District Court for the District of New Mexico. The plaintiffs, represented by private counsel and Children's Rights, Inc., sought class action certification as well as declaratory and injunctive relief against the New Mexico Department of Human Services, claiming that the state violated the plaintiffs' civil rights by failing to develop permanent plans f…

This class action involving neglected and dependent children placed in New Mexico's foster care system was filed on July 25, 1980, in the U.S. District Court for the District of New Mexico. The plaintiffs, represented by private counsel and Children's Rights, Inc., sought class action certification as well as declaratory and injunctive relief against the New Mexico Department of Human Services, claiming that the state violated the plaintiffs' civil rights by failing to develop permanent plans for their placement. Specifically, the plaintiffs alleged that they were denied a state benefit without due process, that they were deprived of their rights to liberty, privacy, and family integrity, that the lack of foster care review violated their rights to due process, that failing to seek adoptive homes for qualified children violated their rights to liberty and placement in the least restrictive setting, and that these failures amounted to violations of Titles IV and XX of the Social Security Act and other federal regulations.

On March 4, 1982, the court certified the action as a class action. Shortly after the complaint was filed, the defendants filed a motion to dismiss, which was denied by the court. On February 7, 1983, the defendants filed a motion for partial summary judgment based on the then-recent change in good faith immunity law (Harlow v. Fitzgerald 457 U.S. 800, 102 S.Ct. 2727 (1982)), which the court also denied.

On September 23, 1983, a Consent Decree was reached and ordered by the court, in which the defendants agreed to: include a permanency planning component in its social services training program, provide training for all child welfare services supervisors and managers, provide mandatory permanency planning training for all new social services caseworkers hired by the defendants, maintain records of caseworkers and supervisors, set a maximum caseload for supervisors and caseworkers, provide prompt preliminary conferences that also include timetables, encourage parental involvement in conferences when possible, maintain aggregate records on each child in its custody, send home studies of appropriate prospective adoptive families to the child's worker, and develop specific adoption recruitment plans. Additionally, all child welfare services caseworkers and supervisors hired after the effective date were required to have requisite training, experience, and degrees. Lastly, Citizen Review Boards were assigned authority and responsibility to review case plans of children and to report findings and recommendations to the defendants.

The Consent Decree was set to remain in force for five years from the date of entry unless otherwise extended, and the defendants agreed to enter into a contract with a compliance monitor agreed upon by both parties, at the state's expense.

According to the National Center for Youth Law, the defendants increased compliance and sought to be relieved from court supervision in 1988; however, the monitor's report in January of 1991 revealed noncompliance in several crucial areas. The court held a hearing on two contempt motions just two months later, and ruled that monitoring would continue until the defendants institutionalized the reforms in the state's child welfare system.
Both parties submitted their findings to the Special Master in late 1992. In early 1993, the Special Master found that the defendants had substantially complied with the Consent Decree. Shortly thereafter, the court adopted the findings and terminated the Decree.

On July 18, 1994, the plaintiffs appealed the termination decision to the Tenth Circuit. On November 9, 1995, the court of appeals vacated the district court's judgment and remanded the case for further proceedings, finding that the Special Master's report failed to make specific and clear findings. 69 F.3d 1081 (10th Cir. 1995).

Although we do not have the full details, the docket sheet demonstrates that the court entered a stipulated exit plan in February 1998. According to the plaintiff's website and the docket sheet, the court dismissed the case in 2002, but the decision was, again, reversed by the Tenth Circuit that same year.

In late November of 2003, the court order the parties' revised stipulated exit plan, which focused on permanency planning for children placed in the state's custody. The defendants agreed to independently contract with at least two expert consultants to staff at least two "Adoption Resource Teams," each consisting of one external expert and one of the defendant's team members. Both parties were to select a Neutral Third Party to prepare a monitoring plan. Additionally, the revised plan detailed how the defendants would proceed in: the assessment and initial placement process, reviewing cases with plan changes to adoption, reviewing cases with a goal of adoption for 12 months or more, review of cases whose adoptive placements disrupt or for whom the adoption has not been finalized within 12 months of the signed placement agreement, and review of certain reunification, permanent planned living arrangement cases.

On February 24, 2005, the court ordered the stipulated motion to dismiss the case without prejudice. A year later, the court granted the parties motion to dismiss with prejudice.

Summary Authors

Alice Liu (3/6/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4810046/parties/joseph-v-deborah-hartz/


Judge(s)

Burciaga, Juan Guerrero (New Mexico)

Ebel, David M. (Colorado)

Porfilio, John Carbone (Colorado)

Seymour, Stephanie Kulp (Oklahoma)

Togerson [misspelled], Alan C. (New Mexico)

Torgerson, Alan C. (New Mexico)

Attorneys(s) for Plaintiff

Conway, Susan M. (New Mexico)

Dahlberg, Robin L. (New York)

deLone, Madeline H. (New York)

Lambiase, Susan (New York)

Judge(s)

Burciaga, Juan Guerrero (New Mexico)

Ebel, David M. (Colorado)

Porfilio, John Carbone (Colorado)

Seymour, Stephanie Kulp (Oklahoma)

Togerson [misspelled], Alan C. (New Mexico)

Torgerson, Alan C. (New Mexico)

Attorneys(s) for Plaintiff

Conway, Susan M. (New Mexico)

Dahlberg, Robin L. (New York)

deLone, Madeline H. (New York)

Lambiase, Susan (New York)

Levy, Robert D. (New Mexico)

Lowry, Marcia Robinson (New York)

Attorneys(s) for Defendant

Becker, Robert W. (New Mexico)

Bingham, Wayne E. (New Mexico)

Booms, Robert Tabor (New Mexico)

Bryan, George R. III (New Mexico)

Bunch, Steven L. (New Mexico)

Clough, John H. (New Mexico)

Cohn, Bennett S. (New Mexico)

Coppin, Chris (New Mexico)

Flynn-O'Brien, Timothy V. (New Mexico)

Forney, Paula I. (New Mexico)

Fuqua, Constance T. (Arizona)

Hoffman, Robyn B. (New Mexico)

Looney, Steven Douglas (New Mexico)

Lyle, James P. (New Mexico)

Martinez, Damon P. (New Mexico)

Pearlman, Daniel J. (New Mexico)

Taylor, Nancy Alma (New Mexico)

Udall, Tom (New Mexico)

Expert/Monitor/Master

Kannar, George (New York)

Schowers, Raymond W. (New Mexico)

Zinn, Frank B. (New Mexico)

Documents in the Clearinghouse

Document

1:80-cv-00623

Docket [PACER]

Feb. 14, 2006

Feb. 14, 2006

Docket
179

1:80-cv-00623

On Motion for Summary Judgment and Consent Decree (denying defendant's motion to dismiss, granting plaintiff's motion for summary judgment, and approving consent decree)

Joseph A. v. Bolson

575 F.Supp. 346

Sept. 23, 1983

Sept. 23, 1983

Settlement Agreement

94-02160

Opinion

Joseph A. v. New Mexico Department of Human Services

U. S. Court of Appeals for the Tenth Circuit

69 F.3d 1081

Nov. 9, 1995

Nov. 9, 1995

Order/Opinion
1617

1:80-cv-00623

Revised Stipulated Exit Plan

Joseph and Josephine A. v. Bolson

Sept. 27, 2003

Sept. 27, 2003

Order/Opinion
1625

1:80-cv-00623

Stipulated Order of Dismissal

Joseph and Josephine A. v. Bolson

Feb. 24, 2005

Feb. 24, 2005

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4810046/joseph-v-deborah-hartz/

Last updated Aug. 2, 2022, 3:04 a.m.

ECF Number Description Date Link Date / Link
1541

MEMORANDUM, OPINION, AND ORDER: by Chief Judge John E. Conway that the objections raised by pltfs and defts to Magistrate Judge Svet's order of 4/4/97 [1482-1] re motion for attorney's fees [1442-1] and motion for cost [1442-2] are hereby rejected, and the Order of 4/4/97 is affirmed (cc: all counsel, electronic mailing) (sl) Modified on 12/04/1997

Dec. 3, 1997

Dec. 3, 1997

RECAP
1

COMPLAINT (5 Summons(es) issued) (referred to Magistrate Don J. Svet) (pr) (Entered: 01/10/1996)

July 25, 1980

July 25, 1980

84

ORDER by Senior Judge Juan G. Burciaga that this action is certified as a class action (cc: all counsel) (pr) (Entered: 01/10/1996)

March 4, 1982

March 4, 1982

1580

MEMORANDUM, OPINION, AND ORDER: by Chief Judge John E. Conway denying pltf's motion to enforce terms of court-ordered exit plan concerning monitoring [1562-1] granting defts motion to dismiss complaint [1560-1], denying pltf's motion for order of contempt for defts' failure to comply with the terms of the exit plan [1552-1] dismissing case without prejudice (cc: all counsel*) (sl)

March 21, 2000

March 21, 2000

RECAP
178

STIPULATION by parties to Consent Decree (pr) Modified on 01/10/1996 (Entered: 01/10/1996)

Sept. 23, 1983

Sept. 23, 1983

1592

MEMORANDUM, OPINION, AND ORDER: by Chief Judge John E. Conway granting parties joint motion for order to correct clerical error [1586-1], denying pltfs' motion to alter or amend the Court's 3/21/00 order [1582-1] (cc: all counsel*) (sl)

June 28, 2000

June 28, 2000

RECAP
179

CONSENT DECREE ORDER by Senior Judge Juan G. Burciaga per stipulation by parties &as further described herein re [179−1] (cc: all counsel) (pr) (Entered: 01/10/1996)

Sept. 23, 1983

Sept. 23, 1983

180

ORDER by Senior Judge Juan G. Burciaga that claims for compensatory &punitive damages are dismissed w/out prejudice dismissing case (cc: all counsel) (pr) (Entered: 01/10/1996)

Sept. 23, 1983

Sept. 23, 1983

1336

ORDER by Senior Judge Juan G. Burciaga that defts shall be and hereby are authorized to terminate the contract between defts and the compliance monitor; pursuant to the terms set forth in XII (e) of the Consent Decree, the Consent Decree shall be terminated (cc: all counsel) (pr) (Entered: 01/10/1996)

June 30, 1994

June 30, 1994

ACKNOWLEDGEMENT of receipt of preliminary record in I Volumes by USCA on 7/26/94 − USCA Number: 94−2160 (pr) (Entered: 01/10/1996)

July 26, 1994

July 26, 1994

1343

COPY of judgment from USCA vacating the judgment of the district court and remanding this case for further proceedings in accordance with the opinion of this court &as further described herein [Appeal [1338−1] (pr) (Entered: 01/10/1996)

Jan. 10, 1996

Jan. 10, 1996

1344

MINUTE ORDER: that this case is reassigned from Judge Burciaga to Chief Judge Conway (CLERK:pmr) (cc: all counsel by pmr) (pr) (Entered: 01/10/1996)

Jan. 10, 1996

Jan. 10, 1996

1345

ORDER by Chief Judge John E. Conway appointing Judge Frank Zinn as Special Master on Remand; panel's opinion will provide Special Master with guidance in complying with the dictates of Rule 52(a) and as further described herein (cc: all counsel) (kd) (Entered: 01/18/1996)

Jan. 16, 1996

Jan. 16, 1996

1348

UNOPPOSED MOTION by defts for order for a status conference (sl) Modified on 02/07/1996 (Entered: 02/01/1996)

Jan. 30, 1996

Jan. 30, 1996

1346

MOTION by plaintiffs for contempt for defts failure to appoint a compliance monitor, failure to provide pltfs with data and systemic failure to provide services to children (sl) (Entered: 01/31/1996)

Jan. 31, 1996

Jan. 31, 1996

1347

MEMORANDUM by plaintiffs in support of motion for contempt for defts failure to appoint a compliance monitor, failure to provide pltfs with data and systemic failure to provide services to children [1346−1] (sl) (Entered: 01/31/1996)

Jan. 31, 1996

Jan. 31, 1996

1349

MOTION by plaintiffs to expedite hearing on threshold issues raised in pltfs' motion for contempt (sl) (Entered: 02/12/1996)

Feb. 9, 1996

Feb. 9, 1996

1350

MEMORANDUM by plaintiffs in support of motion to expedite hearing on threshold issues raised in pltfs' motion for contempt [1349−1] (sl) (Entered: 02/12/1996)

Feb. 9, 1996

Feb. 9, 1996

1351

NOTICE of meeting by the Court (sl) (Entered: 02/12/1996)

Feb. 12, 1996

Feb. 12, 1996

1352

ORDER by Chief Judge John E. Conway granting defts' motion for order for a status conference [1348−1] ; Status hearing set for 2/29/96 at 2:30 p.m. (cc: all counsel) (sl) (Entered: 02/12/1996)

Feb. 12, 1996

Feb. 12, 1996

1353

RESPONSE by defendants to pltfs' motion for contempt for defts failure to appoint a compliance monitor, failure to provide pltfs with data and systemic failure to provide services to children [1346−1] (sl) (Entered: 02/13/1996)

Feb. 13, 1996

Feb. 13, 1996

1354

(RESPONSE) MEMORANDUM by defendants' in opposition to pltfs motion for contempt for defts failure to appoint a compliance monitor, failure to provide pltfs with data and systemic failure to provide services to children [1346−1] (sl) (Entered: 02/13/1996)

Feb. 13, 1996

Feb. 13, 1996

1355

UNOPPOSED MOTION by plaintiffs for order to reschedule meeting with special master on 2/29/96 and status conference on 2/29/96 (sl) (Entered: 02/23/1996)

Feb. 22, 1996

Feb. 22, 1996

1356

SCHEDULING ORDER by the Court granting pltfs motion for order to reschedule meeting with special master on 2/29/96 and status conference on 2/29/96 [1355−1] meeting with special master is re−set for 3/7/96 at 2:30 pm; status conference with the Court is re−set for 3/7/96 at 4:30 pm (cc: all counsel by dw) (sl) (Entered: 02/23/1996)

Feb. 22, 1996

Feb. 22, 1996

1357

RESPONSE by defendant to ptfs' motion to expedite hearing on threshold issues raised in pltfs' motion for contempt [1349−1] (sl) (Entered: 02/26/1996)

Feb. 22, 1996

Feb. 22, 1996

1358

REPLY by plaintiffs' to defts' opposition to motion for contempt re [1346−1] (sl) (Entered: 02/27/1996)

Feb. 27, 1996

Feb. 27, 1996

1359

MOTION by defendants for leave to file surreply (sl) (Entered: 03/07/1996)

March 5, 1996

March 5, 1996

1360

MEMORANDUM by defendants in support of motion for leave to file surreply [1359−1] (sl) (Entered: 03/07/1996)

March 5, 1996

March 5, 1996

1362

ORDER by Chief Judge John E. Conway granting deft's motion to withdraw attorney Nancy A. Taylor [1361−1] (cc: all counsel) (sl) (Entered: 03/14/1996)

March 14, 1996

March 14, 1996

1363

COPY of USCA Order: remanding to the district court for necessary factual determinations and for entry of an appropriate award for attorneys' fees and costs (sl) (Entered: 03/20/1996)

March 20, 1996

March 20, 1996

LETTER from USCA regarding Writ of Certiorari. Supreme Court No. 95−1474. (rg) (Entered: 04/09/1996)

March 26, 1996

March 26, 1996

1364

FURTHER ORDER on remand and supplemental order of reference by Chief Judge John E. Conway re [1363−1] 1. Reinstatement of the consent decree 2. Further proceedings under the consent decree 3. Supplemental Report by the Special Master 4. Inquiry into Current State of defts' Compliance 5. Litigation Costs. a. Special Master b. Pltf's attorney fee as described herein (cc: all counsel) (sl) Modified on 04/09/1996 (Entered: 04/09/1996)

April 8, 1996

April 8, 1996

1365

COPY of USCA Order: granting motion for stay of mandate regarding attorneys fees and costs pending petition for certiorari and as further ordered that the supplemental mandate is hereby recalled and stayed in accordance with this order as described herein (sl) (Entered: 04/09/1996)

April 8, 1996

April 8, 1996

1366

ORDER by Magistrate Don J. Svet granting deft's motion for leave to file surreply [1359−1] (cc: all counsel) (sl) (Entered: 04/22/1996)

April 22, 1996

April 22, 1996

1367

AFFIDAVIT of Janet Escudero (sl) (Entered: 05/07/1996)

May 3, 1996

May 3, 1996

1368

MOTION by defendants for reconsideration of further order on remand and supplemental order of reference (sl) (Entered: 05/07/1996)

May 3, 1996

May 3, 1996

1369

MEMORANDUM by defendant in support of motion for reconsideration of further order on remand and supplemental order of reference [1368−1] (sl) (Entered: 05/07/1996)

May 3, 1996

May 3, 1996

1370

MEMORANDUM by plaintiffs in opposition to motion for reconsideration of further order on remand and supplemental order of reference [1368−1] (sl) (Entered: 05/20/1996)

May 20, 1996

May 20, 1996

1371

MEMORANDUM by defendants in opposition to motion to expedite hearing on threshold issues raised in pltfs' motion for contempt [1349−1] (sl) (Entered: 05/22/1996)

May 21, 1996

May 21, 1996

1372

AFFIDAVIT of Janet Escudero (sl) (Entered: 05/28/1996)

May 22, 1996

May 22, 1996

1374

UNOPPOSED MOTION for Extension of time to file response to brief until 6/10/96 by defendants (sl) (Entered: 05/30/1996)

May 28, 1996

May 28, 1996

1373

CERTIFICATE of service by plaintiffs of memorandum in opposition to deft's motion for reconsideration to counsel on 5/17/96 (sl) (Entered: 05/29/1996)

May 29, 1996

May 29, 1996

1387

NOTICE by plaintiffs of change of address for Children's Rights Inc. (sl) (Entered: 07/10/1996)

June 1, 1996

June 1, 1996

1375

ORDER by Magistrate Don J. Svet granting defts unopposed motion for an extension of time in which to file a reply brief in their motion for reconsideration until 6/10/96 [1374−1] (cc: all counsel) (sl) Modified on 06/10/1996 (Entered: 06/03/1996)

June 3, 1996

June 3, 1996

1376

MOTION by plaintiffs for order to withdraw attorney Robin L. Dahlberg (sl) (Entered: 06/03/1996)

June 3, 1996

June 3, 1996

1377

CERTIFICATE of Service by defendant NM Dept of Human Ser Interrog and Answer to Complaint on 6/3/96 (former employee) (Entered: 06/06/1996)

June 3, 1996

June 3, 1996

1378

AMENDED Certificate of Service by defendant NM Dept of Human Service Answer to Interrog on 6/3/96 (former employee) (Entered: 06/07/1996)

June 4, 1996

June 4, 1996

FINANCIAL ENTRY paid 6/5/96; check no. 140932 in the amount of $3818.33 paid to Special Master by ibs (sl) (Entered: 06/07/1996)

June 7, 1996

June 7, 1996

1379

ORDER by Chief Judge John E. Conway granting motion for order to withdraw attorney Robin L. Dahlberg [1376−1] (cc: all counsel) (sl) (Entered: 06/10/1996)

June 10, 1996

June 10, 1996

1380

REPLY memorandum in support by plaintiffs re of motion for reconsideration [1368−1] (sl) (Entered: 06/11/1996)

June 10, 1996

June 10, 1996

FINANCIAL ENTRY; received from Amerada Hess Corp $4,000.00 re account #CV−95−12 JC (dmw) (Entered: 07/03/1996)

June 11, 1996

June 11, 1996

1381

MOTION by defendants' for protective order (sl) (Entered: 06/18/1996)

June 17, 1996

June 17, 1996

1382

MEMORANDUM by defendants in support of motion for protective order [1381−1] (sl) (Entered: 06/18/1996)

June 17, 1996

June 17, 1996

1383

MOTION by plaintiff for leave to file sur−reply memorandum (sl) (Entered: 06/19/1996)

June 19, 1996

June 19, 1996

FINANCIAL ENTRY of fee of service paid on 6/19/96 CK no. 141197 in the amount of $2693.44 (sl) (Entered: 06/28/1996)

June 19, 1996

June 19, 1996

1384

ORDER by Magistrate Don J. Svet granting pltf's motion for leave to file sur−reply memorandum [1383−1] (cc: all counsel) (sl) (Entered: 06/20/1996)

June 20, 1996

June 20, 1996

1385

MEMORANDUM, OPINION, AND ORDER: by Chief Judge John E. Conway denying defts' motion for reconsideration of further order on remand and supplemental order of reference [1368−1] and denying pltfs' motion to expedite hearing on threshold issues raised in pltfs' mtn for contempt [1349−1] (cc: all counsel) (kd) Modified on 07/17/1996 (Entered: 07/01/1996)

June 28, 1996

June 28, 1996

1386

MEMORANDUM by plaintiffs in opposition to motion for protective order [1381−1] (jrm) (Entered: 07/02/1996)

July 1, 1996

July 1, 1996

FINANCIAL ENTRY; received $3,873.33 from State of NM (dmw) (Entered: 07/03/1996)

July 3, 1996

July 3, 1996

1388

NOTICE by plaintiffs of attoreny's death (sl) (Entered: 07/11/1996)

July 11, 1996

July 11, 1996

1388

MOTION by plaintiffs to withdraw attorney pursuant to attorney's death (sl) (Entered: 07/11/1996)

July 11, 1996

July 11, 1996

1389

MOTION by defendants to withdraw attorney Steven D. Looney (sl) (Entered: 07/17/1996)

July 15, 1996

July 15, 1996

1390

MEMORANDUM by defendants in support of motion for protective order [1381−1] (sl) (Entered: 07/17/1996)

July 15, 1996

July 15, 1996

1391

COPY of USCA Order: remanding back to district court for the factual determination and for entry of appropriate award for attorneys' fees and cost (sl) (Entered: 07/19/1996)

July 18, 1996

July 18, 1996

1392

ORDER by Chief Judge John E. Conway granting motion to withdraw attorney Steven D. Looney [1389−1] for Janet Bryan, Darold Christiansen, Margaret Larrogoite and Lawrence B Ingram (cc: all counsel) (sl) (Entered: 07/22/1996)

July 22, 1996

July 22, 1996

1394

ENTRY OF APPEARANCE for defts by Robert W Becker Assistant Attorney General (former employee) (Entered: 07/25/1996)

July 22, 1996

July 22, 1996

1393

ORDER by Magistrate Don J. Svet granting defts' motion for protective order [1381−1] (cc: all counsel) (sl) (Entered: 07/24/1996)

July 24, 1996

July 24, 1996

FINANCIAL ENTRY for Special Master's service paid on 7/26/96 in the amount of $6,571.26; Check No. 142265 by ibs (financial assistant) (sl) (Entered: 07/30/1996)

July 26, 1996

July 26, 1996

1396

ORDER by Magistrate Don J. Svet granting motion to withdraw attorney Raymond Schowers pursuant to attorney's death [1388−1] (cc: all counsel) (sl) (Entered: 08/02/1996)

Aug. 2, 1996

Aug. 2, 1996

1397

ENTRY OF APPEARANCE for deft HHS by Constance T. Fuqua Assistant Attorney General (former employee) (Entered: 08/26/1996)

Aug. 22, 1996

Aug. 22, 1996

FINANCIAL ENTRY for Special Master's service paid on 8/23/96 in the amount of $5,304.52; Check No. 142986 by ibs (financial assistant) (sl) (Entered: 08/26/1996)

Aug. 23, 1996

Aug. 23, 1996

1398

MOTION by plaintiffs for order for appeals−related costs and attorneys' fees (sl) (Entered: 08/30/1996)

Aug. 30, 1996

Aug. 30, 1996

1399

AMENDED ENTRY OF APPEARANCE for defendant NM Dept of Human Ser by James P. Lyle (sl) (Entered: 09/05/1996)

Sept. 4, 1996

Sept. 4, 1996

1400

STIPULATION by Chief Judge John E. Conway and Magistrate Judge Don Svet to suspend litigation from this date, subject to Court approval of this stipulation, for 90 days, with the exception of possible litigation relating to attorneys' fees (see stipulation for specifics) (sl) (Entered: 09/09/1996)

Sept. 9, 1996

Sept. 9, 1996

1401

UNOPPSED MOTION for Extension of time to file defts' response to pltfs' motion for appeals−related costs and attorneys' fees until 9/20/96 by defendants (sl) (Entered: 09/16/1996)

Sept. 12, 1996

Sept. 12, 1996

1402

ORDER by the Court granting defts' motion for an extension of time to file defts' response to pltfs' motion for appeals−related costs and attorneys' fees until 9/20/96 [1401−1] (cc: all counsel) (sl) (Entered: 09/17/1996)

Sept. 16, 1996

Sept. 16, 1996

1403

MOTION for Extension by defendants' of time to file response to pltfs' motion for appeals−related costs and attorneys' fees until 10/31/96 (sl) (Entered: 09/24/1996)

Sept. 19, 1996

Sept. 19, 1996

1404

MEMORANDUM by defendants' in support of motion for an extension of time to file defts' response to pltfs' motion for appeals−related costs and attorneys' fees until 10/31/96 [1403−1] (sl) (Entered: 09/24/1996)

Sept. 19, 1996

Sept. 19, 1996

1405

CERTIFICATE of service by defendants' of request for production of documents to counsel on 9/19/96 (sl) (Entered: 09/24/1996)

Sept. 19, 1996

Sept. 19, 1996

1407

CERTIFICATE of Service by deft of order granting extension of time to file deft's response to counsel on 9/23/96 (former employee) (Entered: 09/26/1996)

Sept. 23, 1996

Sept. 23, 1996

1406

ORDER by Magistrate Don J. Svet granting a ten day extension on defts' motion for an extension of time to file response to pltfs' motion for appeals−related costs and attorneys' fees [1403−1] (cc: all counsel) (sl) (Entered: 09/25/1996)

Sept. 25, 1996

Sept. 25, 1996

1408

UNOPPOSED MOTION by defendant NM Dept of Human Ser for leave to withdraw as counsel for deft State of New Mexico (sl) (Entered: 10/01/1996)

Sept. 27, 1996

Sept. 27, 1996

FINANCIAL ENTRY in the amount of $20,000.00 (sl) (Entered: 10/16/1996)

Sept. 27, 1996

Sept. 27, 1996

1409

ORDER by Chief Judge John E. Conway granting deft's motion for leave to withdraw Constance T. Fugua as counsel for deft State of New Mexico [1408−1] (cc: all counsel) (sl) (Entered: 10/03/1996)

Oct. 2, 1996

Oct. 2, 1996

1410

RESPONSE by deft to mtn for order for appeals−related costs and attorneys' fees [1398−1] (kd) (Entered: 10/08/1996)

Oct. 7, 1996

Oct. 7, 1996

1411

STIPULATION and ORDER by Magistrate Don J. Svet dismissing pltf's motion for order for appeals−related costs and attorneys' fees see order for specifics (cc: all counsel) (sl) (Entered: 10/09/1996)

Oct. 9, 1996

Oct. 9, 1996

FINANCIAL ENTRY in the amount of $2058.47; ck no.# 144503 paid on 10/16/96 by Irene Sanchez (financial assistant) (sl) (Entered: 10/17/1996)

Oct. 16, 1996

Oct. 16, 1996

1413

MOTION by defendants for leave to file surreply to motion of pltfs for appeals−related costs and attorneys' fees (sl) (Entered: 10/23/1996)

Oct. 23, 1996

Oct. 23, 1996

1414

MEMORANDUM by defendants in support of motion for leave to file surreply to motion of pltfs for appeals−related costs and attorneys' fees [1413−1] (sl) (Entered: 10/23/1996)

Oct. 23, 1996

Oct. 23, 1996

1415

ORDER by Magistrate Don J. Svet denying motion for leave to file surreply to motion of pltfs for appeals−related costs and attorneys' fees [1413−1] by Janet Bryan, Darold Christiansen, Margaret Larrogoite, Lawrence B Ingram, NM Dept of Human Ser (cc: all counsel) (sl) (Entered: 11/01/1996)

Nov. 1, 1996

Nov. 1, 1996

1416

MOTION by plaintiffs for order for attorneys' fees and expenses for 9/15/93 through 9/30/96 (sl) (Entered: 11/12/1996)

Nov. 12, 1996

Nov. 12, 1996

1417

MEMORANDUM by plaintiffs in support of motion for order for attorneys' fees and expenses for 9/15/93 through 9/30/96 [1416−1] (sl) (Entered: 11/12/1996)

Nov. 12, 1996

Nov. 12, 1996

1418

MEMORANDUM, OPINION, AND ORDER: by Chief Judge John E. Conway denying motion for leave to file surreply to motion of pltfs for appeals−related costs and attorneys' fees [1413−1] by Janet Bryan, Darold Christiansen, Margaret Larrogoite, Lawrence B Ingram, NM Dept of Human Ser, ; granting in part motion for order for appeals−related costs and attorneys' fees [1398−1] (cc: all counsel) (sl) (Entered: 11/12/1996)

Nov. 12, 1996

Nov. 12, 1996

1419

UNOPPOSED MOTION by defendants to exceed page limitation , and to extend time to 12/3/96 within which to respond to pltf motion for attorney fees and expenses (msm) (Entered: 11/25/1996)

Nov. 22, 1996

Nov. 22, 1996

1420

MOTION by plaintiff for clarification of or in the alternative for modification of, the Court's memorandum, opinion and order dated 11/12/96 (sl) (Entered: 11/25/1996)

Nov. 25, 1996

Nov. 25, 1996

1421

ORDER by Magistrate Don J. Svet ; Status conference set for 12/18/96 at 1:30 pm (cc: all counsel) (sl) (Entered: 11/25/1996)

Nov. 25, 1996

Nov. 25, 1996

1422

ORDER by Magistrate Don J. Svet granting defts' motion to exceed page limitation [1419−1] and motion to extend time 12/3/96 within which to respond to pltf motion for attorney fees and expenses [1419−2] (cc: all counsel) (sl) (Entered: 11/27/1996)

Nov. 27, 1996

Nov. 27, 1996

1423

RESPONSE by defendants to motion for clarification of or in the alternative for modification of, the Court's memorandum, opinion and order dated 11/12/96 [1420−1], and to motion for order for attorneys' fees and expenses for 9/15/93 through 9/30/96 [1416−1] (msm) (Entered: 12/04/1996)

Dec. 3, 1996

Dec. 3, 1996

1424

MOTION by plaintiffs for leave to file reply memorandum of law in excess of twelve (12) pages (sl) (Entered: 12/17/1996)

Dec. 17, 1996

Dec. 17, 1996

1425

ORDER by Magistrate Don J. Svet granting pltfs motion for leave to file reply memorandum of law in excess of twelve (12) pages [1424−1] (see order for specifics) (cc: all counsel) (sl) (Entered: 12/17/1996)

Dec. 17, 1996

Dec. 17, 1996

Case Details

State / Territory: New Mexico

Case Type(s):

Child Welfare

Key Dates

Filing Date: July 25, 1980

Closing Date: 2006

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are neglected and dependent children placed in New Mexico’s foster care system.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Children, Youth and Families Department, State

New Mexico Department Of Human Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Social Security (Title XX), 42 U.S.C. §§ 1397 et seq.

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1983 - 2006

Content of Injunction:

Recordkeeping

Monitoring

Monitor/Master

Issues

General:

Adoption

Classification / placement

Failure to supervise

Failure to train

Family reunification

Foster care (benefits, training)

Individualized planning

Juveniles

Parents (visitation, involvement)

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

Record-keeping

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Crowding:

Crowding / caseload

Affected Gender:

Female

Male