Case: Brian A. v. Haslam

3:00-cv-00445 | U.S. District Court for the Middle District of Tennessee

Filed Date: May 10, 2000

Closed Date: Feb. 25, 2019

Clearinghouse coding complete

Case Summary

On May 10, 2000, children in the custody of the Tennessee Department of Children’s Services (including a subclass of African American foster care children) filed this class-action lawsuit in the U.S. District Court for the Middle District of Tennessee, against the state of Tennessee. The plaintiffs, represented by Children’s Rights and private counsel, sought to enjoin the state from subjecting class members to practices that violated their rights.The plaintiffs alleged that the state violated …

On May 10, 2000, children in the custody of the Tennessee Department of Children’s Services (including a subclass of African American foster care children) filed this class-action lawsuit in the U.S. District Court for the Middle District of Tennessee, against the state of Tennessee. The plaintiffs, represented by Children’s Rights and private counsel, sought to enjoin the state from subjecting class members to practices that violated their rights.

The plaintiffs alleged that the state violated their substantive and procedural due process rights arising from the Adoption Assistance and Child Welfare Act of 1980, as amended by the Adoption and Safe Families Act of 1997, and relevant regulations; the Americans with Disabilities Act; and the Rehabilitation Act of 1973. The African American class members also alleged violations of Title VI of the Civil Rights Act and its implementing regulations, 42 C.F.R. §80.3 et seq.

Specific alleged violations included the state’s placement of children in restrictive institutional settings, placement in emergency shelters for long periods of time, large caseloads and inadequately trained caseworkers, inappropriate foster placements, and too-frequent foster placements. In sum, the actions (or inaction) of the state endangered the health and well-being of the children in the class.

The district court (Judge Todd J. Campbell) denied the state’s motion to dismiss on October 26, 2000. 149 F. Supp. 2d 941. The court urged negotiation of a settlement agreement, which was later approved in July 2001. The settlement agreement called for DCS to hire more caseworkers and to provide better training for them; to develop new placements; and to improve the computerized management system. It also required better review systems measuring outcomes in different areas impacting foster care, and an assessment of disparities related to African American children in care. Finally, an independent monitor was appointed to report on compliance.

Following a monitor report that documented DCS’s substantial failure to comply with the agreement, the plaintiffs filed a contempt motion on November 4, 2003. At that point, DCS was in full compliance with only 24 of 136 provisions. The plaintiffs requested an independent administrator to create a plan for implementing the remaining terms.

In December 2003, the parties settled the contempt motion. They agreed that DCS would collaborate with a technical assistance committee of five child welfare experts to develop a new implementation plan, which was later approved by the court in August 2004.

Although the progress of the implementation plan was slow at first, DCS improved in areas such as staffing and data reporting. The settlement agreement was modified in May 2007, October 2008, and December 2009. The plaintiffs reported that the new DCS leadership team had made significant strides in many areas, including placing more foster children with families and reducing institutional placements. However, Children’s Rights also reported that they would remain in place as a watchdog to hold the agency accountable until all court-ordered reforms were implemented. Periodically, the parties filed modified settlement agreements and exit plans, which recognized the state’s progress and set out specific requirements needed in order for the state to successfully complete the court-ordered improvements and end court involvement.

On April 11, 2016, the district court ruled that DCS had reached all of the mandated goals to overhaul its foster care system. The state then entered a yearlong holding period, during which it had to sustain its performance on every measure before requesting an end to the court oversight.

On April 27, 2016, the court approved the plaintiffs’ motion for attorneys’ fees, ordering the defendants to pay $186,000. On April 5, 2017, the court approved an additional $135,000 in post-judgment attorneys’ fees. Finally, on November 27, 2017 and January 18, 2019, the court approved additional attorneys’ fee awards of $226,000 and $35,000.

On January 10, 2017, the case was reassigned to Judge Waverly D. Crenshaw, Jr.

On July 17, 2017, having found that DCS had largely maintained its compliance, the court issued a modified settlement agreement and exit plan. The court terminated its jurisdiction over all matters except for the section of the exit plan pertaining to the external accountability reporting structure. Specifically, DCS was tasked with creating an external accountability reporting center and the court retained jurisdiction to monitor this portion of the agreement for 18 months. Upon termination of the court’s jurisdiction, the Center would begin public reporting.

On January 17, 2019, DCS filed an unopposed notice of compliance with the relevant section of the exit plan. On February 25, 2019, the court dismissed the case, terminating its jurisdiction.

Summary Authors

Ariana Fink (12/1/2012)

Jessica Kincaid (4/19/2016)

Eva Richardson (2/3/2019)

Gregory Marsh (7/7/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4788438/parties/a-brian-v-bredesen/


Judge(s)

Brown, Joe B. (Tennessee)

Campbell, Todd J. (Tennessee)

Crenshaw, Waverly David Jr. (Tennessee)

Attorneys(s) for Plaintiff

Almonrode, Patrick S. (New York)

Cohen, Melissa A. (New York)

Davies, Wade V. (Tennessee)

Dixon, Jacqueline (Tennessee)

Fields, Richard (Tennessee)

Gerard, Daniele (New York)

Gray, Douglas C. (New York)

Judge(s)

Brown, Joe B. (Tennessee)

Campbell, Todd J. (Tennessee)

Crenshaw, Waverly David Jr. (Tennessee)

Attorneys(s) for Plaintiff

Almonrode, Patrick S. (New York)

Cohen, Melissa A. (New York)

Davies, Wade V. (Tennessee)

Dixon, Jacqueline (Tennessee)

Fields, Richard (Tennessee)

Gerard, Daniele (New York)

Gray, Douglas C. (New York)

Grewal-Kok, Yasmin (New York)

Guth, Michael A. (Tennessee)

Hutton, Robert L. (Tennessee)

Kendrick, Corene (New York)

Lowry, Marcia Robinson (New York)

Lustbader, Ira P. (New York)

Pierotti, John W. (Tennessee)

Powell, Jeffrey K. (New York)

Raybin, David Louis (Tennessee)

Russo, Sarah (New York)

Attorneys(s) for Defendant

Appiah, Lindsey O. (Tennessee)

Dimond, Douglas Earl (Tennessee)

Driver, Elizabeth C. (Tennessee)

Dycus, Dianne Stanley (Tennessee)

Ferrara, Mary Byrd (Tennessee)

Lakey, Jonathan P. (Tennessee)

Rieger, Alexander Stuart (Tennessee)

Other Attorney(s)

Murray, Shanta J. (Tennessee)

Thompson, John Michael Rettew (Tennessee)

Documents in the Clearinghouse

Document

3:00-cv-00445

Docket [PACER]

Brian A. v. Bredesen

Feb. 25, 2019

Feb. 25, 2019

Docket
1

3:00-cv-00445

Complaint - Class Action - for Declaratory and Injunctive Relief

Brian A. v. Sundquist

May 10, 2000

May 10, 2000

Complaint
45

3:00-cv-00445

Opinion

Brian A. v. Sundquist

149 F.Supp.2d 941

Oct. 26, 2000

Oct. 26, 2000

Order/Opinion
109

3:00-cv-00445

Settlement Agreement

Brian A. v. Sundquist

July 27, 2001

July 27, 2001

Settlement Agreement
169

3:00-cv-00445

Plaintiff's Motion for Contempt of Consent Decree and Further Remedial Relief

Brian A. v. Sundquist

Nov. 20, 2003

Nov. 20, 2003

Pleading / Motion / Brief

3:00-cv-00445

Monitoring Report

Brian A. v. Bredesen

Jan. 19, 2007

Jan. 19, 2007

Monitor/Expert/Receiver Report
265

3:00-cv-00445

Modified Settlement Agreement

Brian v. Bredesen

May 11, 2007

May 11, 2007

Settlement Agreement
281

3:00-cv-00445

Stipulated Modifications to the Settlement Agreement and Request for Court approval of the 2008 modified Settlement Agreement

Brian v. Bredesen

Sept. 1, 2008

Sept. 1, 2008

Settlement Agreement
289

3:00-cv-00445

STIPULATED MODIFICATIONS TO THE SETTLEMENT AGREEMENT AND REQUEST FOR COURT APPROVAL OF THE JANUARY 2009 MODIFIED SETTLEMENT AGREEMENT

Brian v. Bredesen

Jan. 11, 2009

Jan. 11, 2009

Settlement Agreement
344

3:00-cv-00445

SUPPLEMENTAL COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

Brian v. Bredesen

Nov. 9, 2009

Nov. 9, 2009

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4788438/a-brian-v-bredesen/

Last updated Aug. 11, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT (Summons(es) issued); Filing fee paid in the amount of : $150 Receipt # 74028 (af) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

PACER
2

CERTIFICATE of Good Standing of Marcia Lowry from the SD of NY filed by pltfs (af) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

PACER
3

CERTIFICATE of Good Standing of Ira P. Lustbader from the SD of NY filed by pltfs (af) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

PACER
4

MOTION by pltfs for class certification (af) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

PACER
5

MEMORANDUM OF LAW by pltfs in support of motion for class certification [4-1] (af) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

PACER
6

NOTICE of Initial Case Management Conference Case referred to Magistrate Judge Juliet E. Griffin, ; Case Management Conference set for 4:00 p.m. on 6/19/00 (af) (Entered: 05/11/2000)

May 10, 2000

May 10, 2000

PACER
7

ORDER by Judge Todd J. Campbell: case is being referred to the Magistrate Judge for customized case management. The stay of discovery imposed is vacated. The time for a party to respond to any pending discovery request shall run from the date the party is served w/ this order. Pltf shall promptly serve a copy of this order on defts. Upon completion of the initial case management conference, the CMO entered by the Magistrate Judge shall include a target trial date. Magistrate Judge shall promptly forward the CMO to the District Judge. Absent good cause the case shall be set for trial by order of the District Judge. EOD 5/12/00 (cc: all counsel) (dlt) Modified on 05/17/2000 (Entered: 05/12/2000)

May 12, 2000

May 12, 2000

PACER
8

ORDER by Magistrate Judge Juliet E. Griffin Order of recusal and reassigned to Magistrate Judge Joe B. Brown. In consultation w/ Judge Brown, the ICMC, scheduled for 6/19/00 at 4:00 p.m., central time, remains scheduled, unless otherwise ordered by Judge Brown. Pltfs' counsel shall serve a copy of this order upon the defts or their counsel. EOD 5/15/00 (cc: all counsel) (dlt) (Entered: 05/15/2000)

May 15, 2000

May 15, 2000

PACER
9

RETURN OF SERVICE executed upon deft George W. Hattaway by serving Michelle L. Richardson on 5/10/00. (dlt) (Entered: 05/16/2000)

May 16, 2000

May 16, 2000

PACER
10

RETURN OF SERVICE executed upon deft Donald Sundquist by serving Paul Summers in officail capacity only on 5/10/00. (dlt) (Entered: 05/16/2000)

May 16, 2000

May 16, 2000

PACER

ATTORNEY APPEARANCE for defts by Douglas E. Dimond per signature on an Agreed Order to reschedule ICMC and to extend the time for defts to answer. (dlt)

June 5, 2000

June 5, 2000

PACER

PROPOSED Agreed Order to reschedule the ICMC for 7/6/00 at 1:30 and to extend the time for the defts to answer until 7/31/00. (dlt)

June 5, 2000

June 5, 2000

PACER
11

ORDER by Magistrate Judge Joe B. Brown Case Management Conference reset for 1:30 on 7/6/00. Defts' time to answer or respond to pltfs' complaint shall be extended until 7/31/00. EOD 6/7/00 (cc: all counsel) (dlt) (Entered: 06/07/2000)

June 7, 2000

June 7, 2000

PACER

DEFTS' PROPOSED Case Management Plan (dlt)

June 28, 2000

June 28, 2000

PACER

JOINT PROPOSED Case Management Plan (dlt)

June 30, 2000

June 30, 2000

PACER

PROPOSED Initial Case Management Order (dlt)

June 30, 2000

June 30, 2000

PACER
12

JOINT CASE MANAGEMENT PLAN AND ORDER by Magistrate Judge Joe B. Brown: Plan will be field. Case management order w/ target trial date will be filed by 7/14/00. EOD 7/7/00 (cc: all counsel) (dlt) (Entered: 07/07/2000)

July 6, 2000

July 6, 2000

PACER
13

NOTICE by pltfs of taking deposition of Tennessee Department of Children's Services on 7/24/00 and 8/21/00. (dlt) (Entered: 07/13/2000)

July 12, 2000

July 12, 2000

PACER
14

MOTION by defts to stay discovery. (dlt) (Entered: 07/14/2000)

July 13, 2000

July 13, 2000

PACER
15

MEMORANDUM of Law by defts in support of motion to stay discovery. [14-1] (dlt) (Entered: 07/14/2000)

July 13, 2000

July 13, 2000

PACER

PROPOSED Initial Case Management Order (dlt)

July 14, 2000

July 14, 2000

PACER
16

RESPONSE by pltfs to motion to stay discovery. [14-1] (dlt) (Entered: 07/18/2000)

July 17, 2000

July 17, 2000

PACER
17

REPLY by defts to response to motion to stay discovery. [14-1] (dlt) (Entered: 07/19/2000)

July 19, 2000

July 19, 2000

PACER
18

RESPONSE by defts to motion for class certification [4-1]. (dlt) (Entered: 08/01/2000)

July 31, 2000

July 31, 2000

PACER
19

MOTION by defts to dismiss. (dlt) (Entered: 08/01/2000)

July 31, 2000

July 31, 2000

PACER
20

MEMORANDUM by defts in support of motion to dismiss. [19-1] (dlt) (Entered: 08/01/2000)

July 31, 2000

July 31, 2000

PACER
21

CERTIFICATE of Good Standing filed by pltfs for Jeffrey Powell from the USDC SD/NY. (dlt) (Entered: 08/02/2000)

Aug. 1, 2000

Aug. 1, 2000

PACER
22

MOTION by pltfs for a protective order re: governing the confidentiality of the case files of the eight named pltfs to be produced by defts on 8/10/00. (dlt) (Entered: 08/02/2000)

Aug. 1, 2000

Aug. 1, 2000

PACER
23

MEMORANDUM of Law by pltfs in support of motion for a protective order [22-1]. (w/ attached exhibits 1-2) (dlt) (Entered: 08/02/2000)

Aug. 1, 2000

Aug. 1, 2000

PACER
24

AFFIRMATION by pltfs of Ira P. Lustbader in support of pltfs' mtn for a protective order [22-1]. (dlt) (Entered: 08/02/2000)

Aug. 1, 2000

Aug. 1, 2000

PACER

PROPOSED Agreed Protective Order (dlt)

Aug. 2, 2000

Aug. 2, 2000

PACER
25

AGREED PROTECTIVE ORDER by Magistrate Judge Joe B. Brown: Confidentiality of any individually-identifying information in the case files pertaining to the eight named pltfs. Terming pltf's protective order [22-1]. EOD 8/8/00 (cc: all counsel) (dlt) (Entered: 08/08/2000)

Aug. 8, 2000

Aug. 8, 2000

PACER
26

ORDER and Memorandum by Magistrate Judge Joe B. Brown denying motion to stay discovery [14-1] for reasons set out in order. EOD 8/17/00 (cc: all counsel) (dlt) (Entered: 08/17/2000)

Aug. 17, 2000

Aug. 17, 2000

PACER
27

INITIAL CASE MANAGEMENT ORDER by Magistrate Judge Joe B. Brown: Case Management Conference held on 7/6/00. Pltf shall have until 8/21/00 to reply to deft's mtn for class certification[4-1]. Pltf's shall have until 8/21/00 to file a response to motion to dismiss. Discovery shall be stayed pending disposition of a mtn to dismiss. [19-1] EOD 8/18/00 (cc: all counsel) (dlt) (Entered: 08/18/2000)

Aug. 18, 2000

Aug. 18, 2000

PACER
28

REPLY by pltfs to response to motion for class certification [4-1]. (w/ attached exhibits 1-3) (dlt) (Entered: 08/22/2000)

Aug. 21, 2000

Aug. 21, 2000

PACER
29

RESPONSE by pltfs to motion to dismiss [19-1]. (w/ attached exhibits 1-2) (dlt) (Entered: 08/22/2000)

Aug. 21, 2000

Aug. 21, 2000

PACER
30

LETTER from pltfs requesting a conference call regarding scheduling of depositions. (dlt) (Entered: 08/28/2000)

Aug. 28, 2000

Aug. 28, 2000

PACER
31

OBJECTIONS by defts to order denying the mtn to stay discovery. [26-1] (dlt) (Entered: 08/31/2000)

Aug. 30, 2000

Aug. 30, 2000

PACER
32

MEMORANDUM of Law by deft in support of objection [31-1] (dlt) (Entered: 08/31/2000)

Aug. 30, 2000

Aug. 30, 2000

PACER
33

ORDER by Magistrate Judge Joe B. Brown: CMC held at the request of the pltfs' attorney on 8/31/00. Magistrate Judge appreciates the fact that the parties are tentatively scheduling depositions so that in the event the Magistrate Judge's ruling is not overturned the matter can proceed promptly. Magistrate Judge sees no reason to interject the Court into the production of documents at this time. If the parties have a serious disagreement over the matter, they are reminded of the requirement to contact the Magistrate Judge for a further telephone conference before filing formal objections. EOD 9/1/00 (cc: all counsel) (dlt) (Entered: 09/01/2000)

Sept. 1, 2000

Sept. 1, 2000

PACER
34

REPLY by defts to response to motion to dismiss. [19-1] (dlt) (Entered: 09/05/2000)

Sept. 1, 2000

Sept. 1, 2000

PACER
35

RESPONSE by pltfs to objection to the Magistrate Judge's Order denying mtn to stay discovery [31-1]. (dlt) (Entered: 09/13/2000)

Sept. 12, 2000

Sept. 12, 2000

PACER
36

MOTION by deft Donald Sundquist & deft George W. Hattaway to stay discovery pending decision of appeal (tlc) (Entered: 09/19/2000)

Sept. 18, 2000

Sept. 18, 2000

PACER
37

MEMORANDUM by deft Donald Sundquist & deft George W. Hattaway in support of motion to stay discovery pending decision of appeal [36-1] (tlc) (Entered: 09/19/2000)

Sept. 18, 2000

Sept. 18, 2000

PACER
38

ORDER by Judge Todd J. Campbell: Pending is deft's ntc of objections [31-1] to Magistrate Judge's order denying defts' mtn to stay discovery [26-1]. Defts' mtn for review is denied. The order of the Magistrate Judge [26-1] is affirmed. EOD 9/19/00 (cc: all counsel) (gi) (Entered: 09/19/2000)

Sept. 18, 2000

Sept. 18, 2000

PACER
39

ORDER by Magistrate Judge Joe B. Brown: Brief telephone conference held on 9/21/00. Denying motion to stay discovery pending decision of appeal [36-1] as moot inasmuch as the District Court has now ruled on that matter. Clerk is directed to return this file to Judge Campbell where various dispositive mtns are pending. EOD 9/22/00 (cc: all counsel) (dlt) (Entered: 09/22/2000)

Sept. 22, 2000

Sept. 22, 2000

PACER
40

AGREED ORDER by Magistrate Judge Joe B. Brown: Telephone conference set for 3:30 on 10/23/00 w/ regard to discovery issues. EOD 10/24/00 (cc: all counsel) (dlt) (Entered: 10/24/2000)

Oct. 20, 2000

Oct. 20, 2000

PACER
41

ORDER by Magistrate Judge Joe B. Brown: Case Management conference held 10/23/00 . Clerk is directed to file letter from pltf and respon by Attorney General as the next docket entries. AG is directed to advise that contract agency that unless the files are produced in sufficient time for the AG to furnish them to the pltf by 11/7/00. Contract agency should file their objections by 11/1/00. AG is directed by 11/7/00 to advise the pltfs whether there are documents in these files which are not contained in the files that are being produced. Privilege log should be file by 11/7/00. Computerized files should be produced by 11/1/00. Pltfs are directed to furnish by 11/1/00 a letter to the defts stating in general terms what they seek to understand and furnishing documents they wish to learn more about. EOD 10/25/00 (cc: all counsel) (dlt) (Entered: 10/25/2000)

Oct. 24, 2000

Oct. 24, 2000

PACER
42

LETTER from pltfs to the Court re: discovery issues. (w/ attached exhibits 1-2) (dlt) (Entered: 10/25/2000)

Oct. 25, 2000

Oct. 25, 2000

PACER
43

LETTER from defts to the Court re: the clarification of deft's position on the discovery issues. (w/ attachments) (dlt) Modified on 10/25/2000 (Entered: 10/25/2000)

Oct. 25, 2000

Oct. 25, 2000

PACER
44

MEMORANDUM OF THE COURT (cc: all counsel) EOD 10/26/00 (dlt) (Entered: 10/26/2000)

Oct. 25, 2000

Oct. 25, 2000

PACER
45

ORDER by Judge Todd J. Campbell: For reasons state in the accompanying Memorandum, granting in part and denying in part defts' motion to dismiss [19-1]. Pltfs' Americans w/ Disabilities Act claims are dismissed. EOD 10/26/00 (cc: all counsel) (dlt) (Entered: 10/26/2000)

Oct. 25, 2000

Oct. 25, 2000

PACER
46

ORDER by Magistrate Judge Joe B. Brown: Telephone conference set for 10:00 on 11/13/00 to be initiated by counsel for the pltf. EOD 10/31/00 (cc: all counsel) (dlt) (Entered: 10/31/2000)

Oct. 30, 2000

Oct. 30, 2000

PACER
47

ORDER by Magistrate Judge Joe B. Brown: Telephone conference reset for 3:00 p.m. on 11/15/00, to be initiated by Mr. Lustbader. EOD 11/7/00 (cc: all counsel) (dlt) Modified on 11/07/2000 (Entered: 11/07/2000)

Nov. 6, 2000

Nov. 6, 2000

PACER
48

NOTICE by defts of Privilege Log pursuant to Fed. R. Civ. P. 26(b)(5) and the order of the Magistrate Judge, the defts assert that the following records from the Department of Children's Services legal files pertaining to the 8 named pltfs are privileged as work product and/or attorney-client communications. (dlt) (Entered: 11/08/2000)

Nov. 7, 2000

Nov. 7, 2000

PACER
49

CLERK'S RESUME: Case management conference held on 11/15/00 . Order to enter. C/R : Taped No. 406 MB (dlt) (Entered: 11/17/2000)

Nov. 15, 2000

Nov. 15, 2000

PACER
50

NOTICE by defts of filing Mediation Proposal (dlt) Modified on 11/17/2000 (Entered: 11/17/2000)

Nov. 15, 2000

Nov. 15, 2000

PACER
51

ORDER by Magistrate Judge Joe B. Brown: Case management conference held on 11/15/00. Parties discussed w/ the Magistrate Judge the state's mediation proposal which was filed w/ the Court during the hearing. Parties have requested additional time to consider the mediation proposal. A further case management conference set for 1:00 p.m on 11/28/00. EOD 11/17/00 (cc: all counsel) (dlt) (Entered: 11/17/2000)

Nov. 16, 2000

Nov. 16, 2000

PACER

PROPOSED Order to refer case to mediation and schedule limited discovery. (dlt)

Dec. 4, 2000

Dec. 4, 2000

PACER
52

ORDER by Magistrate Judge Joe B. Brown: Case Management Conference held on 11/28/00 . Pltfs will provide the defts a request for production of documents by 12/5/00; defts will provide to the pltfs a copy of DCS policy manuals on 12/8/00; by 12/22/00, deft will provide to the pltfs documents requested on 12/5/00. On 12/8/00, parties will exchange names and resumes of 3 or more potential mediators; by 12/22/00 the Court will select a mediator, if parties can not agree; by 1/5/01, each party shall submit to the mediator and to the other party an outline of a proposed settlement agreement. On 2/2/01, mediator will provide a status report to the Court. EOD 12/7/00 (xc: Clerk of Court) (cc: all counsel) (dlt) (Entered: 12/07/2000)

Dec. 7, 2000

Dec. 7, 2000

PACER
53

TRANSCRIPT filed of Case Management Conference on 11/28/00 before Magistrate Judge Brown. CR: Cindi Kellam. (dlt) (Entered: 12/08/2000)

Dec. 8, 2000

Dec. 8, 2000

PACER
54

NOTICE by defts of filing for the Court's consideration their nominated mediators. (dlt) (Entered: 12/15/2000)

Dec. 14, 2000

Dec. 14, 2000

PACER
55

LETTER from pltfs re: mediation. (w/ attachments) (dlt) (Entered: 12/26/2000)

Dec. 18, 2000

Dec. 18, 2000

PACER
56

ORDER by Magistrate Judge Joe B. Brown: Telephone conference held on 12/21/00. Magistrate Judge selects Mr. Paul W. DeMuro, 82nd Essex Ave, Montclair, NJ 07042 as the mediator in this matter. Clerk is directed to furnish Mr. DeMuro DE Nos. 1,5,22,23,25-27,33,38-45,51,52, a copy of the docket sheet, and this order. Parties are directed to consult w/ Mr. DeMuro as soon as practical to begin the mediation process, in accordance w/ the schedule set out in DE# 52. EOD 12/26/00 (cc: all counsel, mediator) (dlt) (Entered: 12/26/2000)

Dec. 26, 2000

Dec. 26, 2000

PACER
57

ORDER by Magistrate Judge Joe B. Brown: Mag. Judge fully agrees at this point w/ Mr. DeMuro's report of 2/1/01, which will be filed under seal w/ an appropriate docket number. Mag. Judge directs that the mediator proceed as set forth w/ mediations scheduled from 2/6/01 through 3/9/01. Informall status conference w/ the parties and mediator following the conclusion of the meeting on 3/9/01. EOD 2/7/01 (cc: all counsel) (dlt) Modified on 06/28/2001 (Entered: 02/07/2001)

Feb. 7, 2001

Feb. 7, 2001

PACER
58

LETTER from Paul DeMuro re: mediation report filed under seal. (dlt) (Entered: 02/07/2001)

Feb. 7, 2001

Feb. 7, 2001

PACER
59

ORDER by Judge Todd J. Campbell: Parties to this action are participating in mediation of their disputes. Denying pltfs' motion for class certification [4-1] w/o prejudice to its being refiled at the conclusion of the mediation process. EOD 3/1/01 (cc: all counsel) (dlt) (Entered: 03/01/2001)

March 1, 2001

March 1, 2001

PACER
60

ORDER by Magistrate Judge Joe B. Brown: Parties are directed to continue mediation through 4/4/01. Case Management Conference set for 2:00 p.m. on 4/5/01 . Mr. DeMuro is requested to provide the Court w/ a progress report by the close of business on 3/31/01. EOD 3/15/01 (cc: all counsel) (dlt) (Entered: 03/15/2001)

March 14, 2001

March 14, 2001

PACER
61

ORDER by Magistrate Judge Joe B. Brown: Case Management Conference held on 4/5/01 . Mediation will continue through 4/30/01. All stays on discovery will be lifted as of 5/1/01 and the following scheduling order shall apply. Discovery ddl set for 3/22/02; dispositive mtn filing ddl set for 4/19/02 . EOD 4/9/01 (cc: all counsel) (dlt) (Entered: 04/09/2001)

April 9, 2001

April 9, 2001

PACER
62

JOINT MOTION for preliminary approval of settlement agreement and for order directing distribution of legal ntc of proposed settlement agreement and related matters . (dlt) (Entered: 05/17/2001)

May 16, 2001

May 16, 2001

PACER
63

MEMORANDUM in support of joint motion for preliminary approval of settlement agreement [62-1] and for order directing distribution of legal ntc of proposed settlement agreement and related matters [62-2]. (w/ att'd exhibits A & B) (dlt) (Entered: 05/17/2001)

May 16, 2001

May 16, 2001

PACER
64

ORDER by Judge Todd J. Campbell: Joint motion for preliminary approval of settlement agreement [62-1] and for order directing distribution of legal ntc of proposed settlement agreement and related matters [62-2] is set for hearing at 10:00 a.m. on 5/23/01. Clerk shall post this Order, and the proposed settlement documents, on the Court's website. EOD 5/18/01 (cc: all counsel) (dlt) Modified on 05/18/2001 (Entered: 05/18/2001)

May 18, 2001

May 18, 2001

PACER
65

CLERK'S RESUME: Hearing on motion for preliminary approval of settlement agreement [62-1] and for order directing distribution of legal ntc of proposed settlement agreement and related matters [62-2] held on 5/23/01. Order to enter C/R : Jim Spence (dlt) (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

PACER
66

ORDER by Judge Todd J. Campbell: Court held a hearing on 5/23/01, to consider the Joint Mtn for Prelimiary Approval of Settlement Agreement [62-1][62-2]. Counsel for the parties shall submit by 5/30/01 authorities and the revised ntc and order. If the Revised Order is signed and entered, the Court will hold a fairness hearing on the Settlement Agreement on 7/20/01 at 9:00 a.m. EOD 5/23/01 (cc: all counsel) (dlt) (Entered: 05/23/2001)

May 23, 2001

May 23, 2001

PACER
67

LETTER from pltfs re: legal authority in support of the inclusion of future foster children in the class to be certified for the purposes of the Settlement Agreement reached in this matter. (dlt) (Entered: 05/30/2001)

May 30, 2001

May 30, 2001

PACER

PROPOSED Order directing distribution of legal ntc of proposed settlement agreement and related matters. (w/ att'd proposed settlement agreement) (dlt)

May 30, 2001

May 30, 2001

PACER
68

TRANSCRIPT filed of proceedings-hearing before Judge Campbell on 5/23/01. C/R: James Spence (dlt) (Entered: 05/31/2001)

May 30, 2001

May 30, 2001

PACER
69

ORDER by Judge Todd J. Campbell granting motion for preliminary approval of settlement agreement [62-1], and for order directing distribution of legal ntc of proposed settlement agreement and related matters [62-2]. Ddl for the receipt of objections &/or comments regarding the proposed settlement agreement shall be 12:00 p.m. on 6/25/01. Fairness hearing set for 9:00 a.m. on 7/20/01 . More details w/in the order. EOD 5/31/01 (cc: all counsel) (dlt) (Entered: 05/31/2001)

May 31, 2001

May 31, 2001

PACER
70

ORDER by Judge Todd J. Campbell: Legal Notice of Settlement Agreement, details w/in the order. EOD 5/31/01 (cc: all counsel) (dlt) (Entered: 05/31/2001)

May 31, 2001

May 31, 2001

PACER
71

ORDER by Judge Todd J. Campbell: Court is in receipt of a letter dated 6/5/01 filed by Rebecca Moore. The Clerk is directed to file the letter as part of the record in this case. The Clerk is further directed to furnish counsel w/ a copy of the letter and this Order. EOD 6/8/01 (cc: all counsel) (dlt) (Entered: 06/08/2001)

June 7, 2001

June 7, 2001

PACER
72

LETTER from Rebecca Moore to the Court re: Department of Children Services practice and procedures regarding her family. (w/ attachment) (dlt) (Entered: 06/08/2001)

June 7, 2001

June 7, 2001

PACER
73

MAIL Returned [71-1], [72-1] addressed to Marcia Robinson Lowry attorney for pltf; envelope marked not deliverable as addressed unable to forward, return to sender. (dlt) (Entered: 06/19/2001)

June 18, 2001

June 18, 2001

PACER
74

ORDER by Judge Todd J. Campbell: Court is in receipt of a letter dated 6/10/01 filed by Margie Sue Pruitt. Clerk is directed to file the letter as part of the record int his case. Clerk is further directed to furnish counsel w/ a copy of the letter and this Order. EOD 6/21/01 (cc: all counsel) (dlt) (Entered: 06/21/2001)

June 21, 2001

June 21, 2001

PACER
75

LETTER by Margie Sue Pruitt to the Court re: Department of Children Services. (dlt) (Entered: 06/21/2001)

June 21, 2001

June 21, 2001

PACER
76

LETTER from Arthur S. Masker to the Court re: settlement agreement in this case. (dlt) (Entered: 06/22/2001)

June 21, 2001

June 21, 2001

PACER
77

LETTER from Denzel M. Chapman to the Court re: settlement hearing. (dlt) (Entered: 06/22/2001)

June 21, 2001

June 21, 2001

PACER
78

LETTER from Larry J. Rose re: settlement hearing. (dlt) (Entered: 06/22/2001)

June 21, 2001

June 21, 2001

PACER
79

LETTER (copy) from Kimisha Edwards re: her custody of the state. (letter forwarded from attorney Doug Dimond) (dlt) Modified on 06/26/2001 (Entered: 06/26/2001)

June 22, 2001

June 22, 2001

PACER
80

LETTER from Meri Dickerson re: Settlement agreement and her custody battle. (dlt) (Entered: 06/26/2001)

June 25, 2001

June 25, 2001

PACER
81

LETTER from Meri Dickerson to the Court re: Settlement Agreement and the civil rights of children being violated. (dlt) (Entered: 06/26/2001)

June 25, 2001

June 25, 2001

PACER
82

NOTICE by Ira P. Lustbader, attorney for pltfs, of filing an original and one copy of 2 handwritten letters from a child in DCS custody in foster care, in response to the Ntc published concerning Brian A. Settlement Agreement. (w/ att'd copy of letter) (dlt) (Entered: 06/26/2001)

June 25, 2001

June 25, 2001

PACER
83

LETTER from Kimisha Edwards re: Settlement Agreement and the violation of her rights. (dlt) (Entered: 06/26/2001)

June 25, 2001

June 25, 2001

PACER
84

OBJECTIONS to Settlement Agreement by T.D. (dlt) (Entered: 06/26/2001)

June 25, 2001

June 25, 2001

PACER
85

LETTER from David Howard to the Court re: settlement agreement. (dlt) (Entered: 06/26/2001)

June 26, 2001

June 26, 2001

PACER
86

ORDER by Judge Todd J. Campbell: Court is in receipt of the following filing: [85-1], [83-1], [82-1], [81-1], [80-1], [79-1], [78-1], [77-1], and [76-1]. Clerk is directed to furnish w/ a copy of the filings and this Order. (cc: all counsel, sent copies of letters to attorneys of record) (dlt) (Entered: 06/28/2001)

June 28, 2001

June 28, 2001

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87

ORDER by Judge Todd J. Campbell: Court is in receipt of a letter dated 6/26/01 from Ira P. Lustbader attaching 2 separate letters from Meri Dickerson and a letter from Ann Moore. Clerk is directed to file the letter and attachments as part of the record in this case. Clerk is further directed to furnish counsel w/ a copy of the letter, the attachments and this Order. EOD 6/28/01 (cc: all counsel) (dlt) (Entered: 06/28/2001)

June 28, 2001

June 28, 2001

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88

LETTER from Ira P. Lustbader attorney for pltfs re: Enclosed please find the originals of 2 separate letters from Meri Dickerson and one from Ann Moore, received by my office 6/25/01 in response to the ntc published concerning the Brian A. Settlement Agreement. (w/ att'd letters) (dlt) (Entered: 06/28/2001)

June 28, 2001

June 28, 2001

PACER
89

ORDER by Judge Todd J. Campbell: Court is in receipt of a letter dated 6/28/01 from Arthur S. Masker and a letter dated 6/28/01 from Mary Ann Stackhouse. Clerk is directed to file the letters as part of the record in this case. Clerk is further directed to furnish counsel w/ a copy of the letters and this Order. EOD 7/9/01 (cc: all counsel) (dlt) (Entered: 07/09/2001)

July 9, 2001

July 9, 2001

PACER
90

LETTER from Mary Ann Stackhouse re: proposed settlement agreement. (dlt) (Entered: 07/09/2001)

July 9, 2001

July 9, 2001

PACER
91

LETTER from Arthur S. Masker re: proposed settlement agreement. (dlt) (Entered: 07/09/2001)

July 9, 2001

July 9, 2001

PACER

Case Details

State / Territory: Tennessee

Case Type(s):

Child Welfare

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 10, 2000

Closing Date: Feb. 25, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All foster children who are or will be in the custody of DCS in Tennessee; subclass of children in the Class who are African-American

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

Tennessee Department of Children's Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $582,802.94

Order Duration: 2001 - 2019

Content of Injunction:

Hire

Other requirements regarding hiring, promotion, retention

Reporting

Monitor/Master

Recordkeeping

Monitoring

Goals (e.g., for hiring, admissions)

Issues

General:

Adoption

Assault/abuse by residents/inmates/students

Classification / placement

Education

Emergency shelter

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Funding

Grievance Procedures

Housing assistance

Individualized planning

Parents (visitation, involvement)

Placement in mental health facilities

Placement in shelters

Poverty/homelessness

Siblings (visitation, placement)

Special education

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Visiting

Wait lists

Youth / Adult separation

Crowding:

Crowding / caseload

Disability:

disability, unspecified

Least restrictive environment

Mental impairment

Mental Disability:

Mental Illness, Unspecified

Medical/Mental Health:

Mental health care, general

Mental health care, unspecified

Type of Facility:

Government-run

Benefit Source:

Adoption Assistance and Child Welfare Act

Medicaid