Case: Joseph A. 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 attorneys, see: https://www.courtlistener.com/docket/4810046/parties/joseph-v-deborah-hartz/


Judge(s)
Attorney for Plaintiff
Attorney 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)

Expert/Monitor/Master/Other

Documents in the Clearinghouse

Documents in this case

1:80-cv-00623

Docket [PACER]

Joseph v. Hartz

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

Sept. 23, 1983

Sept. 23, 1983

Settlement Agreement

575 F.Supp. 346

94-02160

Opinion

Joseph A. v. New Mexico Department of Human Services

U.S. Court of Appeals for the Tenth Circuit

Nov. 9, 1995

Nov. 9, 1995

Order/Opinion

69 F.3d 1081

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

Docket

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

Last updated Oct. 29, 2026, 7:41 p.m.

Docket for: Joseph v. Deborah Hartz
ECF Number Date Description Link
1 July 25, 1980

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

RECAP
84 March 4, 1982

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

RECAP
178 Sept. 23, 1983

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

RECAP
179 Sept. 23, 1983

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

RECAP
180 Sept. 23, 1983

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

RECAP
1336 June 30, 1994

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)

RECAP
1338 July 18, 1994

NOTICE OF APPEAL by pltfs from Dist. Court decision of 6/30/94 [1336-1]; Fees paid - Distribution as required. (cc: all counsel) (pr) (Entered: 01/10/1996)

RECAP
July 26, 1994

ACKNOWLEDGEMENT of receipt of preliminary record in I Volumes by USCA on 7/26/94 - USCA Number: 94-2160 (pr)

1343 Jan. 10, 1996

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)

RECAP
1344 Jan. 10, 1996

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)

RECAP
1345 Jan. 16, 1996

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)

RECAP
1348 Jan. 30, 1996

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

RECAP
1346 Jan. 31, 1996

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)

RECAP
1347 Jan. 31, 1996

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)

RECAP
1349 Feb. 9, 1996

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

RECAP
1350 Feb. 9, 1996

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)

RECAP
1351 Feb. 12, 1996

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

RECAP
1352 Feb. 12, 1996

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)

RECAP
1353 Feb. 13, 1996

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)

RECAP
1354 Feb. 13, 1996

(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)

RECAP
1355 Feb. 22, 1996

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)

RECAP
1356 Feb. 22, 1996

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)

RECAP
1357 Feb. 22, 1996

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)

RECAP
1358 Feb. 27, 1996

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

RECAP
1359 March 5, 1996

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

RECAP
1360 March 5, 1996

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

RECAP
1361 March 11, 1996

UNOPPOSED MOTION by defendants to withdraw attorney Nancy A. Taylor (sl) (Entered: 03/13/1996)

RECAP
1362 March 14, 1996

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)

RECAP
1363 March 20, 1996

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)

RECAP
March 26, 1996

LETTER from USCA regarding Writ of Certiorari. Supreme Court No. 95-1474. (rg)

1364 April 8, 1996

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)

RECAP
1365 April 8, 1996

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)

RECAP
1366 April 22, 1996

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)

RECAP
1367 May 3, 1996

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

RECAP
1368 May 3, 1996

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

RECAP
1369 May 3, 1996

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)

RECAP
1370 May 20, 1996

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)

RECAP
1371 May 21, 1996

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)

RECAP
1372 May 22, 1996

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

RECAP
1374 May 28, 1996

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

RECAP
1373 May 29, 1996

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)

RECAP
1387 June 1, 1996

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

RECAP
1375 June 3, 1996

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)

RECAP
1376 June 3, 1996

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

RECAP
1377 June 3, 1996

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)

RECAP
1378 June 4, 1996

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

RECAP
June 5, 1996

FINANCIAL ENTRY; $16,126.67 received from State of NM (dmw)

June 7, 1996

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

1379 June 10, 1996

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)

RECAP
1380 June 10, 1996

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

RECAP
June 11, 1996

FINANCIAL ENTRY; received from Amerada Hess Corp $4,000.00 re account #CV-95-12 JC (dmw)

1381 June 17, 1996

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

RECAP
1382 June 17, 1996

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

RECAP
1383 June 19, 1996

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

RECAP
June 19, 1996

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

1384 June 20, 1996

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)

RECAP
1385 June 28, 1996

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)

RECAP
1386 July 1, 1996

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

RECAP
July 3, 1996

FINANCIAL ENTRY; received $3,873.33 from State of NM (dmw)

1388 July 11, 1996

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

RECAP
1389 July 15, 1996

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

RECAP
1390 July 15, 1996

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

RECAP
1391 July 18, 1996

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)

RECAP
1392 July 22, 1996

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)

RECAP
1394 July 22, 1996

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

RECAP
1393 July 24, 1996

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

RECAP
July 26, 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)

1395 July 30, 1996

ORDER by Magistrate Don J. Svet ; Status conference set for 8/21/96 at 8:30 am in Albuquerque, NM (cc: all counsel) (sl) (Entered: 07/31/1996)

RECAP
1396 Aug. 2, 1996

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)

RECAP
1397 Aug. 22, 1996

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

RECAP
Aug. 23, 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)

1398 Aug. 30, 1996

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

RECAP
1399 Sept. 4, 1996

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

RECAP
1400 Sept. 9, 1996

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)

RECAP
1401 Sept. 12, 1996

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)

RECAP
1402 Sept. 16, 1996

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)

RECAP
1403 Sept. 19, 1996

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)

RECAP
1404 Sept. 19, 1996

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)

RECAP
1405 Sept. 19, 1996

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

RECAP
1407 Sept. 23, 1996

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)

RECAP
1406 Sept. 25, 1996

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)

RECAP
1408 Sept. 27, 1996

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)

RECAP
Sept. 27, 1996

FINANCIAL ENTRY in the amount of $20,000.00 (sl)

1409 Oct. 2, 1996

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)

RECAP
1410 Oct. 7, 1996

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

RECAP
1411 Oct. 9, 1996

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)

RECAP
Oct. 16, 1996

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

1412 Oct. 17, 1996

MEMORANDUM (reply) by plaintiffs in support of motion for order for appeals-related costs and attorneys' fees [1398-1] (sl) (Entered: 10/17/1996)

RECAP
1413 Oct. 23, 1996

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

RECAP
1414 Oct. 23, 1996

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)

RECAP
1415 Nov. 1, 1996

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)

RECAP
1416 Nov. 12, 1996

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

RECAP
1417 Nov. 12, 1996

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)

RECAP
1418 Nov. 12, 1996

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)

RECAP
1419 Nov. 22, 1996

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)

RECAP
1420 Nov. 25, 1996

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)

RECAP
1421 Nov. 25, 1996

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)

RECAP
1422 Nov. 27, 1996

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)

RECAP
1423 Dec. 3, 1996

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)

RECAP
1424 Dec. 17, 1996

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

RECAP

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

State

Children, Youth and Families Department

New Mexico Department Of Human Services

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

District of New Mexico 1:80-cv-00623

U.S. Court of Appeals for the Tenth Circuit 94-02160

U.S. Court of Appeals for the Tenth Circuit 03-02053

U.S. Court of Appeals for the Tenth Circuit 00-02136

U.S. Court of Appeals for the Tenth Circuit 84-01233

U.S. Court of Appeals for the Tenth Circuit 89-02082

U.S. Court of Appeals for the Tenth Circuit 92-02267

U.S. Court of Appeals for the Tenth Circuit 93-02178

U.S. Court of Appeals for the Tenth Circuit 93-02190

Supreme Court of the United States 95-1474

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Monitor/Master

Recordkeeping

Order Duration: 1983 - 2006

Issues

General/Misc.:

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

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Recommended Citation