Case: Eric L. v. N.H. Dep't of Health & Human Servs. Dir.

1:91-cv-00376 | U.S. District Court for the District of New Hampshire

Filed Date: Aug. 28, 1991

Closed Date: 2005

Clearinghouse coding complete

Case Summary

On August 28, 1991, a class-action lawsuit was filed in the United States District Court for the District of New Hampshire under 42 U.S.C. § 1983 against the New Hampshire Department of Health and Human Services, and the New Hampshire Division of Children and Youth Services (DCYS). Plaintiffs, represented by public interest and private counsel, sued on behalf of all children who have been placed in foster care or some other child care arrangement outside of their homes by DCYS, and on behalf of…

On August 28, 1991, a class-action lawsuit was filed in the United States District Court for the District of New Hampshire under 42 U.S.C. § 1983 against the New Hampshire Department of Health and Human Services, and the New Hampshire Division of Children and Youth Services (DCYS). Plaintiffs, represented by public interest and private counsel, sued on behalf of all children who have been placed in foster care or some other child care arrangement outside of their homes by DCYS, and on behalf of all children who have been abused and neglected and who are or should be known to DCYS by virtue of that abuse or neglect.

Plaintiffs sought declaratory and injunctive relief, claiming that DCYS violated Plaintiffs' substantive due process rights under the Fourteenth Amendment, as well as certain statutory rights. As to their constitutional claims, Plaintiffs alleged that DCYS failed to provide Plaintiffs with safe and humane conditions of treatment; stability in foster care placements; familial integrity; freedom from bodily restraint; and adequate procedural due process and equal protection. As to Plaintiffs' statutory rights, they alleged various violations of the Adoption Assistance and Child Welfare Act of 1980 (AACWA); the Child Abuse Prevention and Treatment Act (CAPTA); Section 504 of the Rehabilitation Act of 1973; and the Americans with Disabilities Act (ADA).

On December 16, 1993, the District Court (Senior District Judge Robert J. Kelleher) certified the Plaintiff class. Eric L. v. Bird, No. 91-cv-376-M, 1993 WL 764420 (D.N.H. Dec. 16, 1993).

On March 31, 1994, the District Court (District Judge Steven J. McAuliffe) granted in part and denied in part the Defendants' motion to dismiss. The Court dismissed Plaintiffs' substantive due process claims with respect to placement stability (holding Plaintiffs' complaint "pleads no facts tending to establish that DCYS's placement of children with successive foster parents is so devoid of justification as to give rise to a substantive violation of the Due Process Clause") and freedom from bodily restraint (holding Plaintiffs have made no allegations of being deprived of this right). The Court also found that Plaintiffs lacked a private right of action with respect to their AACWA and CAPTA claims. The Court allowed Plaintiffs to proceed with their remaining constitutional and statutory claims. Eric L. ex rel. Schierberl v. Bird, 848 F. Supp. 303 (D.N.H. 1994).

Discovery continued through the next few years, while Plaintiffs repeatedly asked the District Court to reconsider its ruling dismissing certain of their claims.

On June 2, 1997, the parties jointly asked the Court to approve a settlement agreement in which the Court would retain jurisdiction to enforce the terms of the agreement. The proposed settlement would be valid for five years, and would provide for: suitable training and supervision of child protective service workers and supervisors; timely assessment of reports of abuse and neglect; appropriate intervention with children and families to remedy identified problems; prompt development of permanency plans for children unable to return to their families; and support and training for foster parents. A three-member Oversight Panel would be created to monitor agency progress in complying with the agreement. The parties also agreed to settle Plaintiffs' claims for attorneys' fees and costs in the amount of $117,500.00, and precluded Plaintiffs from seeking further attorneys' fees in the matter, unless related to an action for breach of the agreement. The Court approved the settlement on July 29, 1997.

In April and July of 2002, with the five-year termination date of the settlement agreement approaching, the parties twice stipulated to modify the agreement. The second stipulation, which followed several days of mediation, extended certain provisions of the agreement to January 31, 2003.

On January 16, 2003, the Plaintiffs moved to enforce the settlement agreement. The Plaintiffs argued that the Oversight Panel continued to find shortfalls in the agency's performance, including shortage staff shortages, high caseloads, and high staff turnover. On September 30, 2003, the District Court (Judge McAuliffe) denied Plaintiffs' motion without prejudice, but indicated it was inclined to appoint a special master to "survey the compliance landscape and make findings of fact, and recommendations, with regard to both noncompliance and effective remedies." Eric L. v. Comm'r of N.H. Dep't of Health & Human Servs., No. Civ. 91-376-M, 2003 WL 22249827 (D.N.H. Sept. 30, 2003). Nearly a year later, on September 14, 2004, the Court appointed a special master.

On December 30, 2005, before any report was issued by the special master, the parties stipulated to dismiss the settlement agreement and the lawsuit with prejudice.

Summary Authors

Dan Whitman (3/14/2015)

People


Judge(s)

Kelleher, Robert Joseph (California)

McAuliffe, Steven J. (New Hampshire)

Attorneys(s) for Plaintiff

Barbur, Peter T. (New York)

Barnes, Kenneth J. (New Hampshire)

FitzPatrick, Rory (Massachusetts)

Friedman, Bruce E. (New Hampshire)

Lospennato, Ronald (New Hampshire)

McCandless, Roy S (New Hampshire)

Phelan, Pamela E (New Hampshire)

Pilkington-Casey, Mary (New Hampshire)

Judge(s)

Kelleher, Robert Joseph (California)

McAuliffe, Steven J. (New Hampshire)

Attorneys(s) for Plaintiff

Barbur, Peter T. (New York)

Barnes, Kenneth J. (New Hampshire)

FitzPatrick, Rory (Massachusetts)

Friedman, Bruce E. (New Hampshire)

Lospennato, Ronald (New Hampshire)

McCandless, Roy S (New Hampshire)

Phelan, Pamela E (New Hampshire)

Pilkington-Casey, Mary (New Hampshire)

Attorneys(s) for Defendant

Larney, Ann F (New Hampshire)

Morton, Terry L (New Hampshire)

Mullen, Daniel J. (New Hampshire)

Rollins, Nancy (New Hampshire)

Other Attorney(s)

Bodwell, Erica (New Hampshire)

Fry, Norman J (District of Columbia)

Rubio, Martha E (District of Columbia)

Witt, Gretchen Leah (New Hampshire)

Expert/Monitor/Master

Garfunkel, David A (New Hampshire)

Documents in the Clearinghouse

Document

Docket [PACER]

Eric L. v. New Hampshire DHHS

March 10, 2012 Docket
38

Order

Eric L. v. New Hampshire DHHS

1993 WL 764420

Dec. 16, 1993 Order/Opinion
39

Order

Eric L. v. New Hampshire DHHS

848 F.Supp. 303

March 31, 1994 Order/Opinion
81

Proposed Class Action Settlement

Eric L. v. Morton

June 2, 1997 Settlement Agreement
92

Second Stipulation Modifying The Settlement Agreement

Eric L. v. Morton

July 3, 2002 Settlement Agreement

Oversight Panel Issues Report on DCYF's Compliance in Fourth Year of Five Year Settlement Agreement

Eric L. v. Morton

No Court

Sept. 10, 2002 Press Release

Judicial Protection Sought for Abused and Neglected Children

Eric L. v. Morton

No Court

Jan. 1, 2003 Press Release
105

Order

Eric L. v. New Hampshire DHHS

2003 WL 22249827

Sept. 30, 2003 Order/Opinion
110

Order [Appointing Special Master]

Eric L. v. Commissioner of NH Dept. of HHS

Sept. 14, 2004 Order/Opinion
118

Stipulation of Dismissal

Eric L. v. John Stephen

Dec. 30, 2005 Pleading / Motion / Brief

Docket

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

ECF Number Description Date Link
1

SEALED−MOTION by Eric L., to Proceed in Forma Pauperis (retd to pltf per order of SJM 7/6/94) Modified on 07/06/1994 (Entered: 08/30/1991)

Aug. 28, 1991
2

SEALED−MOTION by Kim C., to Proceed in Forma Pauperis (retd to pltf per order of SJM 7/6/94) Modified on 07/06/1994 (Entered: 08/30/1991)

Aug. 28, 1991
3

SEALED−MOTION by Jeff D., to Proceed in Forma Pauperis (retd to pltf per order SJM 7/6/94) Modified on 07/06/1994 (Entered: 08/30/1991)

Aug. 28, 1991
4

SEALED−MOTION by Eric L., Kim C., Jeff D., for Protective Order (retd to pltf per order SJM 7/6/94) Modified on 07/06/1994 (Entered: 08/30/1991)

Aug. 28, 1991
5

MOTION by Eric L., Kim C., Jeff D., to Seal (Entered: 08/30/1991)

Aug. 28, 1991

ENDORSED ORDER granting [4−1] motion for Protective Order. However, it shall be the responsibility of Plaintiff's counsel to insure that no pleading bearing the parties real name is maintained in the court's files. signed by Clerk James R.

Aug. 29, 1991
6

ORDER granting [3−1] motion to Proceed in Forma Pauperis granting [2−1] motion to Proceed in Forma Pauperis granting [1−1] motion to Proceed in Forma Pauperis ( signed by James R. Starr, Clerk ) Modified on 08/30/1991 (Entered: 08/30/1991)

Aug. 29, 1991
7

COMPLAINT (Entered: 08/30/1991)

Aug. 29, 1991

SUMMONS(ES) issued for HHS NH Commr, Child and Family Ser (Entered: 08/30/1991)

Aug. 30, 1991
8

MOTION by HHS NH Commr, Child &Youth Dir, to Extend Time to 10/7/91 to Answer (dae) (Entered: 09/27/1991)

Sept. 25, 1991

RULE 11 ORDER granting [8−1] motion to Extend Time set Answer deadline to 10/7/91 for Child &Youth Dir, for HHS NH Commr (dae) (Entered: 09/27/1991)

Sept. 27, 1991
9

ANSWER to Complaint by HHS NH Commr, Child &Youth Dir (Attorney Ann F. Larney) (cmd) (Entered: 10/08/1991)

Oct. 8, 1991

Pre−trial conference set at 10:00 1/16/92 (dae) (Entered: 12/04/1991)

Dec. 4, 1991
10

Stipulation by Eric L., Kim C., Jeff D., HHS NH Commr, Child &Youth Dir to take depositions (cmd) (Entered: 01/16/1992)

Jan. 16, 1992

Pre−trial conference held (cmd) (Entered: 01/17/1992)

Jan. 16, 1992
11

PRETRIAL order filed, plaintiffs to file motion to certify class, further pretrial after ruling on motion set Motion Filing deadline to 5/1/92 ( signed by Mag Judge William H. Barry Jr. ) (cmd) (Entered: 01/17/1992)

Jan. 16, 1992

Spoke with Atty Lospennato who indicated his appearance should be for plaintiff Eric L. only (cmd) (Entered: 03/19/1992)

March 18, 1992
12

NOTICE of attorney appearance for Eric L. by Ronald K. Lospennato (cmd) (Entered: 03/19/1992)

March 18, 1992
13

MOTION by Eric L., Kim C., Jeff D., to Amend [7−1] complaint with assent (jgb) (Entered: 05/04/1992)

May 1, 1992
14

MOTION by Eric L., Kim C., Jeff D., to Certify Class with memorandum; Objection to Motion Deadline 6/1/92 (jgb) (Entered: 05/04/1992)

May 1, 1992

Motion(s) referred: [13−1] motion to Amend [7−1] complaint referred to Mag Judge William H. Barry Jr. (cmd) (Entered: 05/05/1992)

May 5, 1992
15

ORDER granting [13−1] motion to Amend [7−1] complaint, set Answer deadline for amended complaint to 6/1/92 for Child &Youth Dir, for HHS NH Commr ( signed by Chief Judge Shane Devine ) (cmd) (Entered: 05/05/1992)

May 5, 1992
16

AMENDED COMPLAINT by Eric L., Kim C., Jeff D., amending [7−1] complaint adding plaintiffs James K., Julie W., Bruno J., Jennifer B. (cmd) (Entered: 05/12/1992)

May 5, 1992
17

MOTION plaintiffs to Amend [16−1] amended complaint to substitute parties/assent (cmd) (Entered: 05/28/1992)

May 26, 1992
18

MOTION by HHS NH Commr, Child &Youth Dir to Extend Time to file responsive pleadings to 6/l5/92/assent (cmd) (Entered: 05/28/1992)

May 27, 1992

RULE 11 ORDER granting [18−1] motion to Extend Time to file responsive pleadings to 6/l5/92/assent (Entered: 06/08/1992)

June 8, 1992

Deadline updated per r11 of 6/8/92; Objection to Motion reset to 6/15/92 for [14−1] motion to Certify Class (Entered: 06/10/1992)

June 8, 1992
19

ORDER granting [17−1] motion to Amend [16−1] amended complaint to substitute parties ( signed by Mag Judge William H. Barry Jr. ) (cmd) (Entered: 06/11/1992)

June 10, 1992
20

AMENDED COMPLAINT by plaintiffs (Answer due 6/22/92 for Child &Youth Dir, for HHS NH Commr to amended complaint) amending [16−1] second amended complaint re Jeff D. (cmd) (Entered: 06/11/1992)

June 10, 1992
21

MOTION by HHS NH Commr, Child &Youth Dir to Extend Time re amended complaint and obj to motion to certify class to 6/16/92/assent (cmd) (Entered: 06/17/1992)

June 15, 1992
22

ANSWER by HHS NH Commr, Child &Youth Dir (Attorney Daniel J. Mullen) to: [20−1] amended complaint (cmd) (Entered: 06/17/1992)

June 15, 1992
23

MOTION by HHS NH Commr, Child &Youth Dir to Extend Time to file obj to certify class to 6/17/92 /assent (Entered: 06/17/1992)

June 16, 1992
24

OBJECTION by HHS NH Commr, Child &Youth Dir to [14−1] motion to Certify Class; with memo (Entered: 06/17/1992)

June 17, 1992

RULE 11 ORDER granting [21−1] motion to Extend Time re amended complaint and obj to motion to certify class to 6/16/92/assent (cmd) (Entered: 06/19/1992)

June 18, 1992

RULE 11 ORDER granting [23−1] motion to Extend Time to file obj to certify class to 6/17/92 /assent (cmd) (Entered: 06/19/1992)

June 18, 1992
25

MOTION by Amicus Party for permission to appear amicus curia and file brief/assent (cmd) (Entered: 06/19/1992)

June 18, 1992

ENDORSED ORDER granting [25−1] motion for permission to appear amicus curia and file brief ( signed by Chief Judge Shane Devine ) (cmd) (Entered: 06/24/1992)

June 22, 1992

File retd to SD for ruling on motion to certify class (cmd) (Entered: 06/24/1992)

June 24, 1992
26

MOTION by plaintiffs for Leave to File reply brief/assent (cmd) (Entered: 07/14/1992)

July 10, 1992

ENDORSED ORDER granting [26−1] motion for Leave to File reply brief, Objection to Motion reset to 7/22/92 for [14−1] motion to Certify Class ( signed by Chief Judge Shane Devine ) (cmd) (Entered: 07/15/1992)

July 14, 1992
27

REPLY plaintiffs to objection to [14−1] motion to Certify Class with appendix (cmd) (Entered: 07/23/1992)

July 22, 1992
28

MEMORANDUM by Amicus Party(ies) in support of [14−1] motion to Certify Class (cmd) (Entered: 07/28/1992)

July 28, 1992

Motion(s) referred: [14−1] motion to Certify Class referred to Senior Judge Robert J. Kelleher (cmd) (Entered: 09/25/1992)

Sept. 25, 1992

Motion hearing re: [14−1] motion to Certify Class at 1:30 11/4/92 before Sr Judge Robert J. Kelleher, sitting by designation, in Room 418 (dcap) (Entered: 10/22/1992)

Oct. 22, 1992

Motion hearing re: [14−1] motion to Certify Class Motion hearing held in Courtroom #3. R. Kelleher, by desig. Taped S−642: 272−936; S−643: 0−116. Deft to file dispositive Motion w/in 30 days. Deft has one week to prepare class certification document and pltf has 10 days to respond. (dae) (Entered: 11/05/1992)

Nov. 4, 1992

Deadline updated; set Motion Filing deadline 12/4/92 − Deft to file Disp Mot per hearing on 11/4/92 (dae) (Entered: 11/05/1992)

Nov. 4, 1992

Deadline updated; set Notice of Compliance deadline to 11/25/92 Deft to file class certification document w/in 1 week; pltf has 10 days to respond − to 11/25/92 − Kelleher to review (dae) (Entered: 11/05/1992)

Nov. 4, 1992
29

MOTION by HHS NH Commr, Child &Youth Dir to Extend Time to file class definition and objection to pltf's class definition/assent to 11/23/92 (cmd) (Entered: 11/18/1992)

Nov. 16, 1992

RULE 11 ORDER granting [29−1] motion to Extend Time to file class definition and objection to pltf's class definition/assent to 11/23/92 (bc) (Entered: 11/25/1992)

Nov. 16, 1992
30

Defendants' proposed class definition by HHS NH Commr, Child &Youth Dir as ordered by Court ll/4/92 (cmd) (Entered: 11/24/1992)

Nov. 24, 1992
31

OBJECTION by HHS NH Commr, Child &Youth Dir to new class definition outlined submitted during oral argument ll/4/92 (cmd) (Entered: 11/24/1992)

Nov. 24, 1992
32

MOTION by HHS NH Commr, Child &Youth Dir to Extend Time to file dispositive motions to 12/23/92 (cmd) (Entered: 12/07/1992)

Dec. 4, 1992

RULE 11 ORDER granting [32−1] motion to Extend Time to file dispositive motions to 12/23/92, reset Motion Filing deadline 12/23/92 (cmd) (Entered: 12/07/1992)

Dec. 7, 1992
33

RESPONSE by plaintiffs in opposition to [30−1] filing miscellaneous re class definition (cmd) (Entered: 12/09/1992)

Dec. 7, 1992
34

MOTION by HHS NH Commr, Child &Youth Dir to Dismiss for failure to state a claim with memorandum; Objection to Motion Deadline 1/13/93 (cmd) (Entered: 01/04/1993)

Dec. 24, 1992
35

MOTION by Eric L., Kim C., Jeff D. to Extend Time to file objection to motion to dismiss to 2/5/93 (cmd) (Entered: 01/13/1993)

Jan. 13, 1993

RULE 11 ORDER granting [35−1] motion to Extend Time to file objection to motion to dismiss to 2/5/93, Objection to Motion reset to 2/5/93 for [34−1] motion to Dismiss for failure to state a claim (cmd) (Entered: 01/13/1993)

Jan. 13, 1993
36

MOTION by plaintiffs to Extend Time to file objection to motion to dismiss to 2/9/93 (cmd) (Entered: 02/08/1993)

Feb. 5, 1993

RULE 11 ORDER granting [36−1] motion to Extend Time to file objection to motion to dismiss to 2/9/93, Objection to Motion reset to 2/9/93 for [34−1] motion to Dismiss for failure to state a claim (cmd) (Entered: 02/09/1993)

Feb. 9, 1993
37

OBJECTION by plaintiffs to [34−1] motion to Dismiss for failure to state a claim with memorandum (cmd) (Entered: 02/10/1993)

Feb. 9, 1993

Motion(s) referred: [34−1] motion to Dismiss for failure to state a claim referred to Senior Judge Robert J. Kelleher (cmd) (Entered: 09/29/1993)

Sept. 13, 1993
38

ORDER granting [14−1] motion to Certify Class ( signed by Senior Judge Robert J. Kelleher ) (jab) (Entered: 12/20/1993)

Dec. 16, 1993

Motion(s) no longer referred: [34−1] motion to Dismiss for failure to state a claim. Was referred to Judge Kelleher as he had the file for action on another pending motion. Upon return of file, #34 sent to SM for ruling. (Entered: 12/29/1993)

Dec. 29, 1993

Deadline updated; set Miscellaneous deadline for 7/1/94 to review status of sealed documents 1−4 (Entered: 02/01/1994)

Feb. 1, 1994
39

///ORDER granting in part, denying in part [34−1] motion to Dismiss for failure to state a claim. Dfts' Motion to dismiss is granted with respect to plts' claims under the Adoption Assistance and Child Welfare Act and the Child Abuse Prevention and Treatment Act. See 2nd Amd Cmp, Cts. II and III. Some of plts' constitutional claims are also dismissed. See Part III.A., supra; 2nd Amd Cmp, Ct. I. The motion to dismiss is denied with respect to plfs' remaining claims under the 14th Amendment, and under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. 2nd Amd Cmp, Cts. I, IV and V. (signed by Judge Steven J. McAuliffe ) (jab) (Entered: 04/01/1994)

March 31, 1994

FURTHER PRETRIAL CONFERENCE set at 8:30 9/13/94 before Judge Steven J. McAuliffe in chambers (jab) (Entered: 08/18/1994)

Aug. 18, 1994

PRETRIAL CONFERENCE held before Judge Steven J. McAuliffe in Chambers (jab) (Entered: 09/14/1994)

Sept. 13, 1994
41

PRETRIAL order filed. Ready for trial deadline set for 9/1/96; Motion filing deadline set for 11/1/94 for parties to file a stipulated protective order and joint motion for certification permitting an interlocutory appeal. Discovery deadline set to 7/1/96 ***Case track set −− COMPLX ( signed by Steven J. McAuliffe ) (jab) (Entered: 10/19/1994)

Oct. 19, 1994
42

ASSENTED TO MOTION by Plaintiffs and Notice to Amend District Court Order to Include a Statement as Prescribed under 28 USC 1292(b) and Fed.R.App.P. 5(a) [for Leave to File Interlocutory Appeal] with cites and proposed order (jab) (Entered: 11/01/1994)

Nov. 1, 1994
43

ORDER granting [42−1] motion and Notice to Amend District Court Order to Include a Statement as Prescribed under 28 USC 1292(b) and Fed.R.App.P. 5(a) [for Leave to File Interlocutory Appeal], set Miscellaneous deadline for 11/14/94 for parties to file the NOA w/the First Circuit ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 11/03/1994)

Nov. 2, 1994
44

PARTIALLY ASSENTED−TO MOTION by all parties for Protective Order with attachment. Plts oppose paragraphs 10 through 12. (jab) (Entered: 11/14/1994)

Nov. 14, 1994

Copy of ltr from Atty Friedman to 1st Circuit Court of Appeals re: the filing of an Interlocutory Appeal (ltr dated 11/8/94) (jab) (Entered: 11/18/1994)

Nov. 18, 1994
45

MOTION by Eric L. for Reconsideration of [39−1] order with cites; no memo. Objection to Motion Deadline 12/27/94 (jab) (Entered: 12/08/1994)

Dec. 7, 1994
46

OBJECTION by defendants to [45−1] motion for Reconsideration of [39−1] order (jab) (Entered: 12/23/1994)

Dec. 22, 1994
47

ORDER denying [45−1] motion for Reconsideration of [39−1] order ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 01/05/1995)

Jan. 4, 1995
48

ORDER granting in part, denying in part [44−1] motion for Protective Order. The court adopts Paragraphs 2 through 8 of the parties' proposed protective order and enters it as a standing discovery order. The court denies dfts' request that it adopt Paragraphs 10 and 11 of the proposed protective order. ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 01/05/1995)

Jan. 4, 1995
49

OPINION of CCA Re: Interlocutory Appeal of Eric L. − CCA Denied (February 7, 1995) (jab) (Entered: 02/10/1995)

Feb. 10, 1995
50

MOTION by Eric L., Kim C. for Reconsideration of [39−1] order with cites. Objection to Motion Deadline 4/3/95 (jab) (Entered: 03/13/1995)

March 13, 1995
51

OBJECTION by HHS NH Commr, Child &Youth Dir to [50−1] motion for Reconsideration of [39−1] order w/memo (jab) (Entered: 03/20/1995)

March 20, 1995
52

Addendum by plaintiff Eric L., plaintiff Kim C. to [50−1] motion for Reconsideration of [39−1] order (jab) (Entered: 04/21/1995)

April 21, 1995
53

ASSENTED TO MOTION by All Plaintiffs for Rory FitzPatrick, Jennifer C. Tucker, Michael J. Malinowski, and Phoebe S. Gallagher to Appear Pro Hac Vice no memorandum. (jab) (Entered: 07/17/1995)

July 17, 1995

ENDORSED ORDER granting [53−1] motion for Rory FitzPatrick, Jennifer C. Tucker, Michael J. Malinowski, and Phoebe S. Gallagher to Appear Pro Hac Vice. Only Rory FitzPatrick, Esq. shall be entered as this firm's lead counsel on the docket. ( signed by Clerk James R. Starr ) (jab) (Entered: 07/18/1995)

July 18, 1995

ENDORSED ORDER granting [54−1] motion to Extend Time to File Expert Witnesses and Expert Reports 6 months after order issued re: pending Motion to Reconsider set Miscellaneous deadline for 11/6/95 to see if Order has been issued as to Motion to Reconsider ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 10/06/1995)

Oct. 6, 1995

Deadline updated;if motion to reconsider has been ruled upon, need to rescheduled disclosure of expert/report dates for 6 months reset Miscellaneous deadline for 11/30/95 (jab) (Entered: 11/07/1995)

Nov. 7, 1995

Deadline updated; if motion to reconsider has been ruled on we need to set dates for disclosure of experts by parties reset Miscellaneous deadline for 1/2/96 (jab) (Entered: 12/05/1995)

Dec. 5, 1995

Deadline updated; when motion to reconsider is ruled on, set deadline for the filing of experts/reports reset Miscellaneous deadline for 4/1/96 (jab) (Entered: 01/03/1996)

Jan. 3, 1996

TRIAL NOTICE. Final Pretrial Statements Due 8/16/96 ; Final Pretrial Conference set for 2:00 8/26/96 ; Bench Trial set for 2−week period beginning 10:00 9/3/96 LR 16.2(e) Objections Due: 8/23/96. ( before Judge Steven J. McAuliffe ) (jab) (Entered: 01/24/1996)

Jan. 24, 1996
55

ORDER granting in part, denying in part [50−1] motion for Reconsideration of [39−1] order. set Brief deadline to 4/15/96 ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 02/07/1996)

Feb. 7, 1996
56

ORDER certifying to the Attorney General of the United States the fact that this case presents a potential constitutional challenge to 42 USC Section 1320a−2. ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 02/07/1996)

Feb. 7, 1996
57

MOTION by USA to Extend Time to Notify the Court of Whether it Will Appeal in this matter to 3/29/96; no memorandum. Objection to Motion Deadline 4/4/96 (jab) (Entered: 03/15/1996)

March 15, 1996

Daniel Mullen, Esq. advised the court that he had no objection to the United States' Motion to Extend Time to Notify the Court of Whether it will appear in this matter. File to JRM. (jab) (Entered: 03/18/1996)

March 18, 1996

ENDORSED ORDER granting [57−1] motion to Extend Time to Notify the Court, set Miscellaneous deadline for 3/29/96 United States to Notify the Court whether it will appear in this matter ( signed by Magistrate Judge James R. Muirhead ) (jab) (Entered: 03/19/1996)

March 19, 1996
58

MOTION by USA to Extend Time to Notify the Court by 4/3/96 Whether it will Appear in this Matter; no memorandum, with assent. (jab) (Entered: 03/29/1996)

March 29, 1996

ENDORSED ORDER granting [58−1] motion to Extend Time to Notify the Court by 4/3/96, reset Miscellaneous deadline for 4/3/96 ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 04/02/1996)

April 2, 1996
59

BRIEF/STATEMENT OF INTEREST IN SUPPORT OF THE CONSTITUTIONALITY OF 42 USC 1320a−2 filed by USA regarding [55−1] order (jab) (Entered: 04/02/1996)

April 2, 1996
60

NOTICE of substitute attorney for HHS NH Commr, Child &Youth Dir . Terminated attorney Daniel J. Mullen for Child &Youth Dir, attorney Daniel J. Mullen for HHS NH Commr **Substituted attorney Ann F. Larney. (jab) (Entered: 04/03/1996)

April 3, 1996
61

BRIEF/Memo of Law in Support of Their Motion for Reconsideration filed by All Plaintiffs regarding [55−1] order dated 2/7/96, Document 56. Parties ordered to submit legal memoranda addressing constitutionality of the Suter Amendment. (jab) (Entered: 04/12/1996)

April 12, 1996
63

BRIEF filed by HHS NH Commr, Child &Youth Dir regarding [39−1] order of 3/94; no basis for Court to reconsider its dismissal of Pltfs' claims under the Adoption Assistance Act or the Child Abuse Prevention and Treatment Act and order of 3/94 should stand (dae) (Entered: 04/16/1996)

April 15, 1996

ENDORSED ORDER granting [62−1] motion to Substitute Attorney Norman J. Fry for Erica U. Bodwell; terminated attorney Erica U. Bodwell for Amicus Party(ies), Added Norman J. Fry, granting [62−2] motion for Leave to File Memorandum of Law in support of plaintiff's motion for reconsideration ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 04/18/1996)

April 18, 1996
64

BRIEF filed by Amicus Party(ies) regarding [55−1] order set Brief deadline to 4/15/96 (jab) (Entered: 04/18/1996)

April 18, 1996

State / Territory: New Hampshire

Case Type(s):

Child Welfare

Key Dates

Filing Date: Aug. 28, 1991

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children about whom DCYS had received a complaint of abuse or neglect; children entitled to DCYS services; and disabled children who have rights under N.H. R.S.A. § 169-C and (a) who are placed, or at risk of placement, with DCYS in short-term residential placement, or (b) who have been placed in foster care or some other out-of-home placement or whose families are in need or services, or (c) who have been labeled “unadoptable.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

New Hampshire Department of Children and Youth Services, State

New Hampshire Department of Health & Human Services, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Due Process

Availably Documents:

Trial Court Docket

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $117,500.00

Order Duration: 1997 - 2005

Content of Injunction:

Reporting

Other requirements regarding hiring, promotion, retention

Monitoring

Monitor/Master

Hire

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

Issues

General:

Family reunification

Foster care (benefits, training)

Incident/accident reporting & investigations

Individualized planning

Juveniles

Parents (visitation, involvement)

Pattern or Practice

Placement in mental health facilities

Placement in shelters

Relative caretakers

Restraints : physical

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Visiting

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Benefit Source:

Adoption Assistance and Child Welfare Act