Case: Baby Neal v. Casey

2:90-cv-02343 | U.S. District Court for the Eastern District of Pennsylvania

Filed Date: April 4, 1990

Closed Date: 2001

Clearinghouse coding complete

Case Summary

This class action involving neglected and abused children placed in Philadelphia's foster care system was filed on April 4, 1990, in the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia). The plaintiffs, represented by private counsel and Children's Rights, Inc. and American Civil Liberties Union, sought class action certification as well as declaratory and injunctive relief against the Governor of Pennsylvania, Department of Public Welfare, President Judge of County C…

This class action involving neglected and abused children placed in Philadelphia's foster care system was filed on April 4, 1990, in the U.S. District Court for the Eastern District of Pennsylvania (Philadelphia). The plaintiffs, represented by private counsel and Children's Rights, Inc. and American Civil Liberties Union, sought class action certification as well as declaratory and injunctive relief against the Governor of Pennsylvania, Department of Public Welfare, President Judge of County Court of Common Pleas, Mayor of Philadelphia, and Department of Human Services, claiming that the defendants responsible for the operation and administration of DHS failed to comply with statutory and constitutional requirements that protect and serve children in the child welfare system. The plaintiffs alleged that the state violated their rights under the Adoption Assistance and Child Welfare Act of 1980, the Child Abuse Prevention and Treatment Act, the First, Ninth, and Fourteenth Amendments, and state law.

Specifically, the plaintiffs alleged that systematic deficiencies prevented DHS from: providing protective service investigations; monitoring and supervising children in state custody; providing safe and secure foster care placements; providing written case plans; providing necessary medical, psychiatric, psychological, and educational services; and planning for the return of children to their families or planning to find alternative permanent placements for the children. These deficiencies were, they said, caused by insufficient number of trained caseworkers; insufficient number of medical, psychiatric, psychological, and educational service providers; insufficient number of trained foster parents; insufficient number of placements for children who need more structured environments than foster homes; insufficient number of potential adoptive parents; and inadequate policies and procedures.

On January 6, 1992, the plaintiff's class certification was denied by the district court. In addition, the court stated that the plaintiffs failed to establish that the Next Friends were acting with "a good faith interest" in the children's welfare. The plaintiffs filed a Motion for Reconsideration for class certification and, in the alternative, a Motion to Certify Subclasses on March 20, 1992. The Motion for Reconsideration was denied and the court noted that it could not rule on the Motion to Certify Subclasses at the time. However, the court did grant the plaintiffs' Motion for Substitution of New Next Friends. 1992 WL 58311.

On April 13, 1993, the defendants filed for summary judgment, and the district court partially ruled in their favor. The district court ruled that individuals are not granted a private right of enforcement under the Adoption Assistance and Child Welfare Act of 1980 or the Child Abuse Prevention and Treatment Act. The district court also granted defendant's motion for summary judgment regarding the plaintiffs' claims that their constitutional right to a relationship free from unwarranted governmental interference has been violated and claims that the plaintiffs have a constitutional right to the least restrictive placement. The defendants' motion for summary judgment regarding the Rehabilitation Act, the Disabilities Act, the Equal Protection Clause, and the Procedural Due Process Clause were denied. 821 F.Supp. 320.

In May of 1993, the plaintiffs renewed their Motion of Certification for Subclasses. On October 13, 1993, the district court denied the Motion. The court opined that the injunction plaintiffs sought, which consisted of addressing "specific case-by-case deficiencies" of DHS, was not "appropriate" under Fed. R. Civ. P. 23(b)(2). 151 F.R.D. 282 (E.D. Pa. 1993). While the motion was pending, fourteen children intervened (the Third Circuit later noted that this constituted a demonstration that "children in DHS's custody and care continued to be harmed by DHS's failure to provide legally mandated child welfare services." 43 F.3d 48 (3rd Cir. 1994).)

The plaintiffs again sought reconsideration; however, the district court denied the motion and "forbade" the plaintiffs from pursuing further class certification motions. The case was scheduled for trial, but, by 1994, most of the individual service needs of the plaintiffs were met or resolved, and the parties settled the remaining claims, while preserving the plaintiffs' right to appeal class certification denial.

After being denied class and sub-class certification many times, the plaintiffs appealed to the Third Circuit. The Third Circuit reversed the district court's ruling and remanded the case, stating that the plaintiffs satisfied all requirements under Rule 23 and that forcing DHS to comply with state and constitutional mandates would constitute relief applicable to the entire class. The fact that the plaintiffs sought only injunctive and declaratory relief, rather than damages, also enhanced the "appropriateness" of class certification. In addition, the Third Circuit opined that the district court abused its discretion by denying the class certification. 43 F.3d 48 (3rd Cir. 1994).

On December 7, 1995, the plaintiffs filed for a Motion of Reconsideration regarding the district court's April 13, 1993 Order, which granted in part the defendant's motion for summary judgment. The plaintiffs sought reinstatement of their claims under the Adoption Assistance and Child Welfare Act of 1980 and the Child Abuse Prevention and Treatment Act. The district court denied the Motion, stating that the Motion was untimely and baseless. 1995 WL 728589.

According to the docket sheet, the plaintiffs and city defendants filed a joint motion for preliminary approval of the settlement agreement on October 5, 1998, and the court granted preliminary approval the following November. The remaining defendants also reached settlement agreements with the plaintiffs. From mid-November of 1998 to September of 2001, the court approved all settlement agreements between plaintiffs and defendants.

Summary Authors

Alice Liu (4/3/2013)

People


Judge(s)

Becker, Edward Roy (Pennsylvania)

Cowen, Robert E. (New Jersey)

Garth, Leonard I. (New Jersey)

Kelly, Robert F. (Pennsylvania)

Attorneys(s) for Plaintiff

Chawaga, Stephen Paul (Pennsylvania)

Dahlberg, Robin L. (New York)

Firestein, Rose E. (New York)

Fox, Lawrence J. (Pennsylvania)

Kohart, Mary E. (Pennsylvania)

Lambiase, Susan (New York)

Judge(s)

Becker, Edward Roy (Pennsylvania)

Cowen, Robert E. (New Jersey)

Garth, Leonard I. (New Jersey)

Kelly, Robert F. (Pennsylvania)

Attorneys(s) for Plaintiff

Chawaga, Stephen Paul (Pennsylvania)

Dahlberg, Robin L. (New York)

Firestein, Rose E. (New York)

Fox, Lawrence J. (Pennsylvania)

Kohart, Mary E. (Pennsylvania)

Lambiase, Susan (New York)

Lowry, Marcia Robinson (New York)

Mushlin, Michael B. (New York)

Park, Rachel (New York)

Peters, Mark G. (New York)

Presser, Stefan (Pennsylvania)

Rapuano, Lori J. (Pennsylvania)

Robb, E. Graham (Pennsylvania)

Saint-Antoine, Paul H. (Pennsylvania)

WOOLDRIDGE, Ann A. (New York)

Attorneys(s) for Defendant

Booth, Christopher R. (Pennsylvania)

Brown, Marianne (Pennsylvania)

First, Jefferey B. (Pennsylvania)

Hairston, Roosevelt Jr (Pennsylvania)

Johns, Charles W. (Pennsylvania)

Kessler, Alan C. (New Jersey)

Ryan, Patrick T. (Pennsylvania)

Shestack, Jerome J. (Pennsylvania)

Singley, Carl E. (Pennsylvania)

Williams, A. Taylor (Pennsylvania)

Documents in the Clearinghouse

Document

Docket

July 1, 2005 Docket
116

Opinion

1992 WL 58311

March 20, 1992 Order/Opinion
176

Opinion

821 F.Supp. 320

April 13, 1993 Order/Opinion
188

Opinion

Neal v. Casey

151 F.R.D. 282

Oct. 13, 1993 Order/Opinion

Opinion

U. S. Court of Appeals for the Third Circuit

43 F.3d 48

Dec. 15, 1994 Order/Opinion
230

Opinion

Neal v. Ridge

1995 WL 728589

Dec. 7, 1995 Order/Opinion

Resources

Title Description External URL

Baby Neal v. Casey

Juvenile Law Center

On April 4, 1990, 16 youth in the custody of the City of Philadelphia’s Department of Human Services (DHS) sued the Pennsylvania Department of Public Welfare, among others, alleging that the City’s c… May 9, 1994 https://jlc.org/cases/baby-neal-v-casey

Casenote, "Can You Hear Me?" The United States Court of Appeals for the Third Circuit Addresses the Systemic Deficiencies of the Philadelphia Child Welfare System in Baby Neal v. Casey

Scott J. Preston

June 1, 1996

Baby Neal v. Casey

National Center for Youth Law

In April 1990, plaintiffs filed this suit in federal district court against the Commonwealth of Pennsylvania, Philadelphia’s Department of Human Services (DHS) and the Presiding Judge of Philadelphia… https://youthlaw.org/case/baby-neal-v-casey/

Docket

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

ECF Number Description Date Link
1

Complaint. filing fee $ 120 receipt # 293452 (fe) (Entered: 09/05/1990)

April 4, 1990

Summons(es) exit − Given to: counsel 4/4/90 (fe) (Entered: 09/05/1990)

April 4, 1990
2

PLFFS' COUNSEL'S MOTION FOR ADMISSION OF MARCIA LOWRY PRO HAC VICE , AFFIDAVIT. (fe) (Entered: 09/05/1990)

April 4, 1990
3

PLFFS' COUNSEL'S MOTION FOR ADMISSION OF ROBIN DAHLBERG PRO HAC VICE , AFFIDAVIT. (fe) (Entered: 09/05/1990)

April 4, 1990
4

PLFFS' MOTION FOR CERTIFICATION OF CLASS ACTION , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 09/05/1990)

April 4, 1990
5

MOTION AND ORDER APPOINTING GEORGE SAULINO TO SERVE SUMMONS AND COMPLAINT UPON DEFTS ( SIGNED BY JUDGE JOSEPH S. LORD III ) 4/4/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/05/1990)

April 4, 1990
6

Affidavit of Service of GEORGE SAULINO re: certain facts. (fe) (Entered: 09/05/1990)

April 9, 1990
7

ORDER REASSIGNING FROM THE CALENDAR OF THE HONORABLE JUDGE JOSEPH S. LORD III TO THE CALENDAR OF THE HONORABLE JUDGE CHARLES R. WEINER . ( SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ) 4/13/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/05/1990)

April 12, 1990
9

DEFT HONORABLE EDWARD J. BRADLEY'S MOTION TO DISMISS , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 09/05/1990)

April 23, 1990
10

PLFFS' UNCONTESTED MOTION TO EXTEND TIME TO RESPOND TO MOTION TO DISMISS OF DEFT HONORABLE BRADLEY , CERTIFICATION, CERTIFICATE OF SERVICE. (fe) (Entered: 09/05/1990)

April 26, 1990

ORDER THAT TIME WITHIN WHICH PLFFS SHALL RESPOND TO [9−1] MOTION TO DISMISS OF DEFT HONORABLE EDWARD J. BRADLEY IS EXTENDED TO 5/31/90 ( SIGNED BY JUDGE ROBERT F. KELLY ) 4/30/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/05/1990)

April 30, 1990
11

STIPULATION AND ORDER THAT THE TIME FOR DEFTS GOV. CASEY AND SECRETARY WHITE TO ANSWER IS EXTENDED UNTIL 5/24/90 ( SIGNED BY JUDGE ROBERT F. KELLY ) 5/2/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/05/1990)

May 1, 1990

THERE IS NO PAPER #12 OR #13 FILED IN THIS CASE. (fe) (Entered: 09/10/1990)

May 1, 1990
14

ORDER VACATING [8−1] ORDER REASSIGNING FROM THE CALENDAR OF THE HONORABLE JUDGE CHARLES R. WEINER TO THE CALENDAR OF THE HONORABLE JUDGE ROBERT F. KELLY . ; ORDER THAT CASE IS REASSIGNED FROM THE CALENDAR OF THE HONORABLE JUDGE CHARLES R. WEINER TO CALENDAR OF THE HONORABLE JUDGE RAYMOND J. BRODERICK . ( SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ) 5/14/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)

May 14, 1990
15

MOTION OF LOCAL 2186 and LOCAL 2187 TO INTERVENE AS PARTY PLFFS MEMORANDUM, CERTIFICATE OF SERVICE (Complaint attached). (fe) (Entered: 09/10/1990)

May 23, 1990
16

ORDER VACATING [14−1] ORDER REASSIGNING CASE FROM THE CALENDAR OF THE HONORABLE JUDGE CHARLES R. WEINER TO THE CALENDAR OF THE HONORABLE JUDGE RAYMOND J. BRODERICK ; FURTHER ORDERED CASE IS RESTORED TO THE CALENDAR OF THE HONORABLE ROBERT F. KELLY. ( SIGNED BY CLERK OF COURT MICHAEL E. KUNZ ) 5/31/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)

May 30, 1990
17

Plffs' answer to [9−1] MOTION TO DISMISS (fe) (Entered: 09/10/1990)

May 31, 1990
18

STIPULATION AND ORDER THAT TIME DEFTS HAVE TO ANSWER IS EXTENDED UNTIL 6/4/90 . ( SIGNED BY JUDGE ROBERT F. KELLY ) 6/1/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)

June 1, 1990
19

Plffs' Memorandum in opposition to [15−1] MOTION OF LOCAL 2186 and LOCAL 2187 TO INTERVENE AS PARTY PLFFS (fe) (Entered: 09/10/1990)

June 22, 1990
20

MOTION OF GOVERNOR CASEY &SECRETARY WHITE TO STAY CONSIDERATION OF PLFFS' MOTION FOR CLASS ACTION CERTIFICATION , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)

June 25, 1990
21

MOTION OF GOVERNOR CASEY &SECRETARY WHITE TO DISMISS , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)

June 25, 1990

Appendix in support of Motion to Dismiss. (fe) (Entered: 09/10/1990)

June 25, 1990

ORDER THAT [9−1] MOTION OF DEFT BRADLEY TO DISMISS IS DENIED ( SIGNED BY JUDGE ROBERT F. KELLY ) 6/29/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)

June 28, 1990
23

PLFFS' UNOPPOSED MOTION FOR ONE−WEEK EXTENSION OF TIME TO RESPOND TO DEFTS' MOTION TO DISMISS , CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)

July 2, 1990
24

Amended complaint (fe) (Entered: 09/10/1990)

July 5, 1990

Amended complaint summons exit (given to counsel 7/6/90) (fe) (Entered: 09/10/1990)

July 5, 1990
25

Plffs' reply to DEFTS GOVERNOR CASEY &SECRETARY WHITE'S [20−1] MOTION TO STAY OF PLFFS' MOTION FOR CLASS ACTION CERTIFICATION (fe) (Entered: 09/10/1990)

July 10, 1990

ORDER THAT [15−1] MOTION OF LOCAL 2186 and LOCAL 2187 TO INTERVENE AS PARTY PLFFS IS DENIED ( SIGNED BY JUDGE ROBERT F. KELLY ) 7/11/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)

July 10, 1990

ORDER THAT PLFFS' [23−1] MOTION FOR ONE−WEEK EXTENSION IS GRANTED; PLFFS' RESPONSE SHALL BE SERVED ON 7/17/90 ( SIGNED BY JUDGE ROBERT F. KELLY ) 7/11/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/10/1990)

July 10, 1990
26

PLFFS' MOTION FOR AN ADDITIONAL ONE−WEEK EXTENSION TO RESPOND TO DEFTS' MOTION TO DISMISS , CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)

July 16, 1990
27

GOVERNOR CASEY &SECRETARY WHITE'S MOTION FOR LEAVE TO FILE REPLY TO PLFFS' RESPONSE TO MOTION TO DISMISS , AND FOR AN EXTENSION OF TIME TO RESPOND , CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)

July 20, 1990
28

Withdrawal of appearance of CHARLES S. JOHNS, Esq. and Appearance of A. TAYLOR WILLIAMS for DEFENDANT EDWARD J. BRADLEY, President Judge of Philadelphia Court of Common Pleas. (fe) (Entered: 09/10/1990)

July 23, 1990
29

Plffs' Memorandum in opposition to Commonwealth Defts' [21−1] MOTION TO DISMISS (fe) (Entered: 09/10/1990)

July 25, 1990

Appendix in support of [29−1] Memorandum in opposition. (fe) (Entered: 09/10/1990)

July 25, 1990
30

Amended Certificate of service to plffs' memorandum in opposition to Commonwealth defts' motion to dismiss. (fe) (Entered: 09/10/1990)

July 25, 1990
31

INTERVENORS' MOTION FOR RECONSIDERATION , MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 09/10/1990)

July 25, 1990
32

Answer by EDWARD J. BRADLEY (Attorney ) to amended complaint (fe) Modified on 09/18/1990 (Entered: 09/18/1990)

July 27, 1990

Crossclaim by DEFENDANT EDWARD J. BRADLEY against DEFENDANT W. WILSON GOODE (fe) Modified on 09/18/1990 (Entered: 09/18/1990)

July 27, 1990
33

Appearance by RICHARD J. GOLD for DEFENDANT W. WILSON GOODE, DEFENDANT JOAN M. REEVES, DEFENDANT MAXINE TUCKER (fe) (Entered: 09/21/1990)

Aug. 2, 1990

ORDER THAT PLFF'S MOTION FOR CLASS CERTIFICAITON IS STAYED FOR 60 DAYS PENDING DISCOVERY AS TO ALLEGED CLASS PLAINTIFFS &RESOLUTION OF DEFTS' MOTION TO DISMISS ( SIGNED BY JUDGE ROBERT F. KELLY ) 08/06/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/21/1990)

Aug. 6, 1990

ORDER GRANTING [26−1] MOTION FOR AN ADDITIONAL ONE−WEEK EXTENSION TO RESPOND TO DEFTS' MOTION TO DISMISS &PLFFS' SHALL SERVE RESPONSE TO MOTION TO DISMISS BY 7/24/90( SIGNED BY JUDGE ROBERT F. KELLY ) 08/06/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/21/1990)

Aug. 6, 1990

ORDER GRANTING [27−1] MOTION FOR LEAVE TO FILE REPLY TO PLFFS' RESPONSE TO MOTION TO DISMISS GRANTING [27−2] MOTION FOR AN EXTENSION OF TIME TO RESPOND &DEFT SHALL SERVE RESPONSE BY 8/17/90( SIGNED BY JUDGE ROBERT F. KELLY ) 08/06/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/21/1990)

Aug. 7, 1990
34

Memorandum by PLAINTIFF BABY NEAL, PLAINTIFF KAREEM AND KENT H, PLAINTIFF WILLIAM AND JOSEPH H, PLAINTIFF MARCELLA B, PLAINTIFF SHERRY G, PLAINTIFF JOHN, JEAN, JACOB, PLAINTIFF ALICIA P, PLAINTIFF MANUEL I, PLAINTIFF TAMARA AND CARL I, PLAINTIFF JANE L in opposition to [31−1] MOTION FOR RECONSIDERATION (fe) (Entered: 09/21/1990)

Aug. 10, 1990
35

Appearance of Nancy B.G. Lassen, Esq. for Intervenor District Council 47, American Federation of State 47, American Federation of State County &Municipal Employees, AFL−CIO. (fe) (Entered: 09/25/1990)

Aug. 13, 1990
36

MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN MEMORANDUM, CERTIFICATE. (fe) (Entered: 09/25/1990)

Aug. 13, 1990
37

STIPULATION &ORDER, EXTENDING TIME FOR W. GOODE, JOAN M. REEVES &MAXINE TUCKER ARE GRANTED TO , RESPONSE TO MOTION reset to 8/27/90 for [31−1] MOTION FOR RECONSIDERATION ( SIGNED BY JUDGE ROBERT F. KELLY ) 08/16/90 ENTERED AND COPIES MAILED. (fe) (Entered: 09/25/1990)

Aug. 16, 1990
38

Reply by DEFENDANT ROBERT P. CASEY, DEFENDANT JOHN F. WHITE JR. to response to [21−1] MOTION TO DISMISS (fe) (Entered: 09/25/1990)

Aug. 17, 1990
39

Memorandum of defts in opposition to [36−1] MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN (fe) (Entered: 10/16/1990)

Aug. 27, 1990
40

Answer to complaint and crossclaim by DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE (Attorney ) against JOHN F. WHITE JR., ROBERT P. CASEY (fe) (Entered: 10/16/1990)

Aug. 27, 1990

Response to by DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE [36−1] MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN (fe) (Entered: 10/16/1990)

Aug. 27, 1990
41

Response to by DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE [36−1] MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN, [31−1] MOTION FOR RECONSIDERATION (fe) (Entered: 10/16/1990)

Aug. 27, 1990
42

Brief by PLAINTIFF JANE L, PLAINTIFF TAMARA AND CARL I, PLAINTIFF MANUEL I, PLAINTIFF JOHN, JEAN, JACOB, PLAINTIFF SHERRY G, PLAINTIFF MARCELLA B, PLAINTIFF WILLIAM AND JOSEPH H, PLAINTIFF KAREEM AND KENT H, PLAINTIFF BABY NEAL, PLAINTIFF ALICIA P in opposition to [36−1] MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN (fe) (Entered: 10/16/1990)

Aug. 30, 1990

ORDER DENYING [31−1] MOTION FOR RECONSIDERATION ( SIGNED BY JUDGE ROBERT F. KELLY ) 09/13/90 ENTERED AND COPIES MAILED. (fe) (Entered: 10/16/1990)

Sept. 13, 1990

ORDER DENYING [36−1] MOTION TO INTERVENE BY MOVANT AFSCME DISTRICT COUN ( SIGNED BY JUDGE ROBERT F. KELLY ) 09/13/90 ENTERED AND COPIES MAILED. (fe) (Entered: 10/16/1990)

Sept. 13, 1990
43

Answer by JOHN F. WHITE JR., ROBERT P. CASEY to [0−1] CROSS claim of City Defts. (fe) (Entered: 10/16/1990)

Sept. 17, 1990
45

MOTION by DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY TO EXTEND TIME FOR CLASS DISCOVERY &TO STAY CONSIDERATION OF PLFFS' MOTION FOR CLASS CERTIFICATION, CERTIFICATE OF SERVICE. (fe) (Entered: 10/16/1990)

Oct. 5, 1990
46

Notice of appeal by MOVANT LOCAL 2186, MOVANT LOCAL 2187 . Fee Status: $105.00 Appeal record due on 11/9/90 Copies to JUDGE ROBERT F. KELLY , Clerk USCA, Appeals Clerk, and MARIANNE E. BROWN, RICHARD J. GOLD, MICHAEL MUSHLIN, MARY E. KOHART, STEFAN PRESSER, LAWRENCE J. FOX, MARCIA R. LOWRY, STEPHEN P. CHAWAGA, JEROME J. SHESTACK, NANCY B.G. LASSEN (fe) (Entered: 10/16/1990)

Oct. 10, 1990
47

Copy of Clerk's notice to USCA re: [46−1] appeal . (fe) (Entered: 10/16/1990)

Oct. 10, 1990

Notice of Docketing ROA from USCA Re: [46−1] appeal USCA NUMBER: 1759 . 10/17/90 (fe) (Entered: 10/17/1990)

Oct. 16, 1990
48

MEMORANDUM RE: [0−1] ORDER DENYING MOTION TO INTERVENE signed by JUDGE ROBERT F. KELLY 10/24/90 entered and copies mailed (fe) Modified on 10/24/1990 (Entered: 10/24/1990)

Oct. 23, 1990
49

Appearance by DORIS M. LEISCH &RICHARD J. GOLD for DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE; jury demand (fe) (Entered: 10/25/1990)

Oct. 24, 1990
50

Notice of appeal by MOVANT AFSCME DISTRICT COUN . Fee Status: 105.00 Appeal record due on 11/23/90 Copies to JUDGE ROBERT F. KELLY , Clerk USCA, Appeals Clerk, and MARIANNE E. BROWN, DORIS M. LEISCH, RICHARD J. GOLD, MICHAEL MUSHLIN, MARY E. KOHART, STEFAN PRESSER, LAWRENCE J. FOX, MARCIA R. LOWRY, STEPHEN P. CHAWAGA, JUDITH BROWN CHOMSKY, A. TAYLOR WILLIAMS, CHARLES W. JOHNS, JEROME J. SHESTACK, GUY VILIM, NANCY B.G. LASSEN (fe) (Entered: 10/25/1990)

Oct. 24, 1990
51

Copy of Clerk's notice to USCA re: [50−1] appeal . (fe) Modified on 10/25/1990 (Entered: 10/25/1990)

Oct. 24, 1990

Notice of Docketing ROA from USCA Re: [50−1] appeal USCA NUMBER: 90−1785 . 10/29/90 (fe) (Entered: 10/31/1990)

Oct. 30, 1990

RECCORD COMPLETE FOR PURPOSES OF APPEAL (cjc) (Entered: 11/02/1990)

Nov. 2, 1990
52

Answer by W. WILSON GOODE to [0−1] CROSS claim of Judicial Deft Edward J. Bradley (fe) (Entered: 11/20/1990)

Nov. 19, 1990
53

ORDER GRANTING [45−1] MOTION TO EXTEND TIME FOR CLASS DISCOVERY &TO STAY CONSIDERATION OF PLFFS' MOTION FOR CLASS CERTIFICATION UNTIL 1/7/91, reset DISCOVERY DUE FOR 1/7/91 ( SIGNED BY JUDGE ROBERT F. KELLY ) 11/20/90 ENTERED AND COPIES MAILED. (fe) (Entered: 11/20/1990)

Nov. 19, 1990
54

MOTION by DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY TO EXTEND TIME FOR CLASS DISCOVERY , TO STAY CONSIDERATION CERTIFICATE OF SERVICE. (fe) (Entered: 01/04/1991)

Jan. 4, 1991
55

Response to by PLAINTIFF JANE L, PLAINTIFF TAMARA AND CARL I, PLAINTIFF MANUEL I, PLAINTIFF JOHN, JEAN, JACOB, PLAINTIFF SHERRY G, PLAINTIFF MARCELLA B, PLAINTIFF WILLIAM AND JOSEPH H, PLAINTIFF KAREEM AND KENT H, PLAINTIFF BABY NEAL, PLAINTIFF ALICIA P [54−1] MOTION TO EXTEND TIME FOR CLASS DISCOVERY (fe) (Entered: 01/23/1991)

Jan. 22, 1991
56

ORDER GRANTING [54−1] MOTION TO EXTEND TIME FOR CLASS DISCOVERY [54−2] MOTION TO STAY CONSIDERATION IS STAYED FOR 90 DAYS OR UNTIL 4/8/91 DISCOVERY IS EXTENDED FOR A PERIOD OF 90 DAYS OR UNTIL 4/8/91 ( SIGNED BY JUDGE ROBERT F. KELLY ) 1/31/91 ENTERED AND COPIES MAILED. (fe) (Entered: 02/01/1991)

Jan. 30, 1991
57

ORDER SO THAT COURT'S DOCKET OF PENDING MOTIONS MAY BE CLEARED, DEFT'S MOTION OF 6/25/90 IS MOOT SINCE THE COURT ON 1/30/91 EXTENDED TIME FOR CLASS DISCOVERY UNTIL 4/8/91 &CONSIDERATION OF PLFFS' [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION IS STAYED UNTIL THAT DATE AS WELL ( SIGNED BY JUDGE ROBERT F. KELLY ) (fe) (Entered: 02/05/1991)

Feb. 4, 1991
58

STIPULATION &ORDER RE: CONFIDENTIALITY ( SIGNED BY JUDGE ROBERT F. KELLY ) 2/6/91 ENTERED AND COPIES MAILED. (fe) (Entered: 02/06/1991)

Feb. 6, 1991
59

Answer by JOHN F. WHITE JR., ROBERT P. CASEY to amended complaint (fe) (Entered: 03/08/1991)

March 8, 1991
60

Answer by ROBERT P. CASEY to [0−1] CROSS claim (fe) (Entered: 03/08/1991)

March 8, 1991
61

MOTION by DEFENDANT ROBERT P. CASEY, DEFENDANT JOHN F. WHITE JR. FOR PROTECTIVE ORDER MEMORANDUM, CERTIFICATE OF SERVICE. (mc) (Entered: 03/28/1991)

March 27, 1991
62

MOTION by PLAINTIFF JANE L, PLAINTIFF TAMARA AND CARL I, PLAINTIFF MANUEL I, PLAINTIFF JOHN, JEAN, JACOB, PLAINTIFF SHERRY G, PLAINTIFF MARCELLA B, PLAINTIFF WILLIAM AND JOSEPH H, PLAINTIFF KAREEM AND KENT H, PLAINTIFF BABY NEAL TO COMPEL , FOR SANCTIONS MEMORANDUM, CERTIFICATE OF SERVICE. (mc) (Entered: 03/28/1991)

March 27, 1991
63

ORDER GRANTING [61−1] MOTION FOR PROTECTIVE ORDER. THE DEPOSITION OF SEC. WHITE OR HIS DESIGNATED OFFICIAL SHALL NOT BE TAKEN AS TO PROPOSED PLANS FOR THE TAKE OVER OF CHILD WELFARE SERVICES IN PHILA., ETC. ( SIGNED BY JUDGE ROBERT F. KELLY ) 3/28/91 ENTERED AND COPIES MAILED. (mc) (Entered: 03/28/1991)

March 27, 1991
64

MOTION BY PLAINTIFF JANE L, PLAINTIFF TAMARA AND CARL I, PLAINTIFF MANUEL I, PLAINTIFF JOHN, JEAN, JACOB, PLAINTIFF SHERRY G, PLAINTIFF MARCELLA B, PLAINTIFF WILLIAM AND JOSEPH H, PLAINTIFF KAREEM AND KENT H, PLAINTIFF BABY NEAL, PLAINTIFF ALICIA P TO COMPEL DEPOSITION CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (jmp) (Entered: 03/28/1991)

March 27, 1991
65

MOTION BY ALL PLFFS TO COMPEL DISCOVERY MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 04/04/1991)

April 4, 1991
66

MOTION BY PLAINTIFF ALL PLFFS FOR PROTECTIVE ORDER MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 04/08/1991)

April 5, 1991
67

Request by PLAINTIFF ALL PLFFS for withdrawal of [62−1] MOTION TO COMPEL, [62−2] MOTION FOR SANCTIONS (fe) (Entered: 04/09/1991)

April 8, 1991
68

Memorandum by DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY in opposition to [66−1] MOTION FOR PROTECTIVE ORDER (fe) (Entered: 04/09/1991)

April 8, 1991
69

STIPULATION &ORDER EXTENDING TIME , CITY DEFTS RESPONSE TO MOTION RESET TO 4/11/91 FOR [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION (SIGNED BY JUDGE ROBERT F. KELLY) 4/9/91 ENTERED AND COPIES MAILED. (fe) (Entered: 04/09/1991)

April 8, 1991
70

Affidavit of Jerome J. Shestack Re: certain facts (fe) (Entered: 04/09/1991)

April 8, 1991
71

Letter from Mary E. Kohart, Esq. re: Motion to compel and for Sanctions is withdrawn. (mc) (Entered: 04/10/1991)

April 9, 1991
73

Response by DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE [65−1] MOTION TO COMPEL DISCOVERY, memo (fe) (Entered: 04/22/1991)

April 22, 1991
74

Reply Memorandum by PLFFS in support of [65−1] MOTION TO COMPEL DISCOVERY (fe) (Entered: 05/03/1991)

May 3, 1991
75

ORDER THAT DEFTS SHALL HAVE 45 DAYS OR UNTIL 6/10/91 TO EXAMINE THE TRANSCRIPT OF MARCIA R. LOWRY AND IDENTIFY UNANSWERED QUESTIONS ON WHICH THE COURT SHALL RULE AND TO CONDUCT FURTHER DISCOVERY FROM OTHER SOURCES FRO WHICH THE REQUESTED INFORMATION MAY BE AVAILABLE; DEFTS BRIEF SHALL BE FILED WIHTIN 10 DAYS OR BY 6/20/91; AND PLFFS' REPLY WILL FOLLOW WITHIN 30 DAYS OR BY 7/22/91 ( SIGNED BY JUDGE ROBERT F. KELLY ) 5/6/91 ENTERED AND COPIES MAILED. (fe) (Entered: 05/06/1991)

May 3, 1991
76

MOTION BY MOVANT JUVENILE LAW CENTER, MOVANT PHILA CITIZENS FOR CHILDREN AND YOUTH FOR LEAVE TO PARTICIPATE AS AMICUS CURIAE MEMORANDUM, CERTIFICATE OF SERVICE.(Amicus Curiae Brief attached) (mc) (Entered: 06/19/1991)

June 19, 1991
77

Response by DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE in opposition to [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION, memo (fe) (Entered: 06/24/1991)

June 20, 1991
78

Memorandum by DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY in opposition to [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION (fe) (Entered: 06/24/1991)

June 20, 1991
79

Withdrawal of appearance by RICHARD J. GOLD for DEFENDANT MAXINE TUCKER, DEFENDANT JOAN M. REEVES, DEFENDANT W. WILSON GOODE (fe) (Entered: 06/24/1991)

June 21, 1991
80

MOTION BY MOVANT SUPPORT CENTER FOR LEAVE TO PROCEED AS AMICUS CURIAE AND FILE A BRIEF IN SUPPORT OF CERTIFICATION AS CLASS ACTION BRIEF, CERTIFICATE OF COUNSEL, CERTIFICATE OF SERVICE. (fe) (Entered: 06/25/1991)

June 25, 1991
81

Response by DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY to [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION (fe) (Entered: 06/25/1991)

June 25, 1991
82

MOTION BY MOVANT CHILD, YOUTH AND FAM TO PARTICIPATE AS AMICUS CURIAE BRIEF, CERTIFICATE OF SERVICE. (fe) (Entered: 06/28/1991)

June 28, 1991
83

Notice of joinder by Honorable E. J. Bradley re: plff's request for class certification (fe) (Entered: 07/01/1991)

July 1, 1991
84

Reply Memorandum by ALL PLFFS in furer support of [4−1] MOTION FOR CERTIFICATION OF CLASS ACTION (fe) Modified on 07/22/1991 (Entered: 07/22/1991)

July 22, 1991

Appendix VOL 1 &2 to reply memo in further support of plffs' motion for class certification. (fe) Modified on 07/22/1991 (Entered: 07/22/1991)

July 22, 1991
85

MOTION BY DEFENDANT JOHN F. WHITE JR., DEFENDANT ROBERT P. CASEY TO STRIKE FROM RECORD CERTAIN AFFIDAVITS AND VERIFICATIONS OR, IN THE ALTERNATIVE, OPEN DISCOVERY ON PLFFS' MOTION FOR CLASS CERTIFICATION MEMORANDUM, CERTIFICATE OF SERVICE. (fe) (Entered: 07/26/1991)

July 25, 1991
86

MOTION BY MOVANT LOCAL 2186, MOVANT LOCAL 2187 TO PARTICIPATE AS AMICUS CURIAE, MEMORANDUM, BRIEF,

Aug. 2, 1991

State / Territory: Pennsylvania

Case Type(s):

Child Welfare

Key Dates

Filing Date: April 4, 1990

Closing Date: 2001

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiffs are abused and neglected children placed in the custody of Philadelphia's Department of Human Services.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Governor of Commonwealth of Pennsylvania, State

Department of Public Welfare for the Commonwealth of Pennsylvania , State

President Judge of the Philadelphia Court of Common Pleas, None

Mayor of Philadelphia , City

Department of Human Services of the City of Philadelphia, State

Children and Youth Division of the Philadelphia Department of Human 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.

Child Abuse Prevention and Treatment Act, 42 U.S.C. §§ 5101 et seq.

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

State law

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Issues

General:

Adoption

Classification / placement

Education

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Funding

Inadequate citizen complaint investigations and procedures

Individualized planning

Juveniles

Neglect by staff

Parents (visitation, involvement)

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

Reassessment and care planning

Record-keeping

Relative caretakers

Staff (number, training, qualifications, wages)

Crowding:

Crowding / caseload

Discrimination-basis:

Disability (inc. reasonable accommodations)

Affected Gender:

Female

Male

Disability:

Least restrictive environment

Medical/Mental Health:

HIV/AIDS

Type of Facility:

Government-run

Benefit Source:

Adoption Assistance and Child Welfare Act