Case: L.J. v. Massinga

1:84-cv-04409 | U.S. District Court for the District of Maryland

Filed Date: Dec. 5, 1984

Case Ongoing

Clearinghouse coding complete

Case Summary

This case challenged the actions of twenty-one state and city officials, caseworkers, and supervisors who administered Maryland's federally-funded foster care program in Baltimore City, Maryland. The class action, filed on December 5, 1984, in the U.S. District Court for the District of Maryland (Baltimore), alleged that the defendants' administration of the foster program subjected the plaintiffs to physical and sexual abuse as well as medical neglect. They sought broad interim and permanent i…

This case challenged the actions of twenty-one state and city officials, caseworkers, and supervisors who administered Maryland's federally-funded foster care program in Baltimore City, Maryland.

The class action, filed on December 5, 1984, in the U.S. District Court for the District of Maryland (Baltimore), alleged that the defendants' administration of the foster program subjected the plaintiffs to physical and sexual abuse as well as medical neglect. They sought broad interim and permanent injunctive relief as well as monetary damages against the state to redress deficiencies in the foster care program, claiming that the state violated the Adoption Assistance and Child Welfare Act, Title IV-E and IV-B of the Social Security Act, the Fourteenth Amendment, and 42 U.S.C. 1983.

The plaintiffs were represented by private counsel and the Public Justice Center. On January 2, 1987, the court certified a class of all current, former, and future children who are, have been, or will be placed in foster homes by the Baltimore City Department of Social Services (BCDSS) and are or will be in BCDSS custody either through voluntary placement or court order. The next month, the plaintiffs filed a motion for a preliminary injunction. In April, the court found overwhelming evidence of systematic deficiencies in Baltimore's foster care system. Specifically, the court found that satisfactory homes were lacking, that the defendants did not remove children away from abusive or neglectful homes, that homes were licensed to foster parents unable to care for the children, that foster children received inadequate medical care, and that the defendants did not make the improvements suggested previously.

The court granted the preliminary injunction on July 27, 1987, in which the defendants were ordered to review the status of each foster home reported for maltreatment, visit each child in BCDSS foster home monthly, visit each child subject to a maltreatment report weekly, ensure appropriate medical care is provided for each child, and provide written copies of any maltreatment complaint of a foster child to the juvenile court as well as the child's attorney.

On February 1, 1988, the Fourth Circuit affirmed the preliminary injunction, holding that foster children in BCDSS custody were entitled to preliminary relief from administration deficiencies in the foster children program, and that city and state officials administrating the state's federally funded foster care program were not immune from damages for failing to protect foster children in foster homes. 838 F. 2d 118.

On April 26, 1988, the parties submitted a settlement agreement embodying the measures from the preliminary injunctive order, as well as new proposals to make substantial improvements to the foster care system. Specifically, it states that the defendants will limit the caseload amount per caseworker, improve the system for providing medical care to foster children, provide assistance to natural parents to avoid foster care when possible, and seek new foster homes. All these improvements were to be made within two years. The court approved the notice for class action settlement to be sent in May. (Attorneys' fees were to be addressed separately from the decree.) The Consent Decree was approved on September 27, 1988, and was later modified in 1991 to extend its protection to children in BCDSS custody who are placed in unlicensed placements with relatives. 699 F.Supp. 508.

For several years, Plaintiffs monitored the decree; however, compliance has been difficult to obtain. On April 13, 2007, the plaintiffs sent a status report to the court regarding failed mediation sessions and the plaintiffs' intent to prepare contempt papers. The defendants responded by sending a letter to the court expressing their disappointment with the plaintiffs' desire to file a motion for contempt. The defendants stated their interest in working together, and that the new Secretary of the Maryland Department of Human Resources, who started working with this case a few months ago, has taken a hands-on approach with the intent to implement the provisions of the decree. Although the defendants would not agree to an expanded court monitor during previous negotiations, the defendant stated their willingness to explore options regarding the use of a monitor with the governor's office and to implement a plan with enforceable benchmarks.

About 7 months later, the plaintiffs filed a petition for an order of enforcement to show cause why the defendants should not be held in contempt of the consent decree, and also a motion to modify the consent decree. The plaintiffs claimed that the defendants violated over 90 provisions of the decree, and requested that the defendants establish a monitor. Alternatively, the plaintiffs stated that, if the defendants did not establish a monitor, the defendants should be required to provide the plaintiffs' counsel with full access to relevant databases and case files.

Negotiations ensued, and the parties agreed to a Modified Consent Decree; the court approved it on October 9, 2009. The decree states that the goal is to provide a safe, nurturing, permanent home for children as quickly as possible, and that family involvement in decision-making is critical. 

However, a month later, the defendants appealed to the Fourth Circuit, seeking to vacate the 1988 consent decree and deny the entry of the modified decree on the basis of Horne v. Flores (129 S. Ct. 2579 (2009), a then-recent Supreme Court ruling regarding the application of Rule 60(b)(5). On January 26, 2011, the Fourth Circuit denied the appeal and affirmed the Court's orders approving and entering the MCD. 633 F.3d 297.

Plaintiffs' contempt motion from 2007 was still pending, but in January 2012, the plaintiffs voluntarily dismissed that motion. Compliance reports were still being filed every six months as of March 2012, but that is so far the final such report.

The parties continued to submit status reports to the court in accordance with the Modified Consent Decree. On December 20, 2023, the case was reassigned to Judge Stephanie A. Gallagher. On July 23, 2024, the defendants filed a motion to substitute the current named defendant and update the docket, which the court granted. The parties continued to negotiate modifications to the decree. The last status report was filed on November 27, 2024, when Judge Gallagher approved the parties’ proposed plan to modify the Modified Consent Decree. The judge urged the parties to prioritize in-person meetings over written proposals going forward. The case remains ongoing.

Summary Authors

Alice Liu (12/9/2012)

Colton French (4/10/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8786717/parties/lj-v-baltimore-city-department-of-social-services/


Judge(s)

Blake, Catherine C. (Maryland)

Attorney for Plaintiff
Attorney for Defendant

Beller, David E (Maryland)

Bernhardt, Julia Doyle (Maryland)

Dalin, Barry (Maryland)

Doyle, Julia (Maryland)

Documents in the Clearinghouse

Documents in this case

1:84-cv-04409

Docket [PACER]

March 27, 2012

March 27, 2012

Docket

87-02156

Opinion

U.S. Court of Appeals for the Fourth Circuit

Feb. 1, 1988

Feb. 1, 1988

Order/Opinion

838 F.2d 118

1:84-cv-04409

Memorandum

Sept. 27, 1988

Sept. 27, 1988

Order/Opinion

699 F.Supp. 508

447

1:84-cv-04409

Re: L.J., et al. v. Massinga, et al. Civil Action No. JFM-84-4409

April 13, 2007

April 13, 2007

Correspondence
448

1:84-cv-04409

Correspondence

April 13, 2007

April 13, 2007

Correspondence
477

1:84-cv-04409

Plaintiffs' Petition for Orders of Enforcement and to show cause why defendants should not be held in contempt of consent decree, and motions to modify consent decree and monitoring order

Nov. 5, 2007

Nov. 5, 2007

Pleading / Motion / Brief
556

1:84-cv-04409

Memorandum In Support Of Join Motion For Preliminary Approval Of Modified Consent Decree, For An Order Of Proposed Modified Consent Decree And Scheduling Of A Fairness Hearing, And For Final Approval Of Modified Consent Decree

L.J. v. Dallas

June 22, 2009

June 22, 2009

Order/Opinion
556-1

1:84-cv-04409

Modified Consent Decree

L.J. v. Dallas

June 22, 2009

June 22, 2009

Order/Opinion
556-2

1:84-cv-04409

Circular Letter SSA

L.J. v. Dallas

June 22, 2009

June 22, 2009

Internal memorandum
586

1:84-cv-04409

Modified Consent Decree

Oct. 9, 2009

Oct. 9, 2009

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8786717/lj-v-baltimore-city-department-of-social-services/

Last updated June 1, 2026, 9:09 p.m.

ECF Number Date Description Link
330 Nov. 30, 1998

PROTECTIVE ORDER and "APPROVAL". ( signed by Chf Judge J. F. Motz ) (c/m 12/1/98-cag) (cag, Deputy Clerk) (Entered: 12/07/1998)

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Nov. 30, 1998

FOR PLEADINGS 1 THRU 329 SEE HARD DOCKET (cag, Deputy Clerk)

331 Jan. 4, 1999

PROTECTIVE ORDER to permit certain children's names and other confidential and identifying information ( signed by Chf Judge J. F. Motz ) (c/m 1/4/99-cag) (cag, Deputy Clerk) (Entered: 01/04/1999)

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332 Jan. 4, 1999

ORDER "STRIKING" the Appearances of Joan Little and the Legal Aid Bureau, Inc. as class counsel. ( signed by Chf Judge J. F. Motz 1/4/99 ) (c/m 1/4/99-cag) (cag, Deputy Clerk) (Entered: 01/04/1999)

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333 Feb. 8, 1999

TWENTY-FIRST SIX-MONTH COMPLIANCE REPORT by Defendants. (c/s Judge Motz) (cag, Deputy Clerk) (Entered: 02/09/1999)

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334 Aug. 5, 1999

DEFENDANTS' TWENTY-SECOND SIX-MONTH COMPLIANCE REPORT (c/s J. Motz) (cag, Deputy Clerk) (Entered: 08/06/1999)

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335 Feb. 8, 2000

DEFENDANTS' TWENTY-THIRD SIX-MONTH COMPLIANCE REPORT (c/m J Motz) (jnl, Deputy Clerk) (Entered: 02/08/2000)

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336 Aug. 11, 2000

Defendants twenty-fourth six-month compliance report, and attachments. (c/s JFM) (das, Deputy Clerk) (Entered: 08/11/2000)

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337 Feb. 7, 2001

DEFENDANTS' Twenty-Fifth Six-Month Compliance Report (c/s) (eg, Deputy Clerk) (Entered: 02/08/2001)

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338 Aug. 6, 2001

Twenty-Sixth Six-Month Compliance REPORT by defendants and attachments (c/s Chf Judge Motz) (eg, Deputy Clerk) Modified on 08/06/2001 (Entered: 08/06/2001)

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339 Feb. 5, 2002

TWENTY-SEVENTH SIX-MONTH COMPLIANCE REPORT by defendants and attachments (c/s Chf. Judge Smalkin) (eg, Deputy Clerk) (Entered: 02/06/2002)

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340 July 30, 2002

RESPONSE by Plaintiffs' to [339-1] Twenty-Seventh Six-Month Compliance Report and Exhibit 1 by defendants' (c/s) (eg, Deputy Clerk) (Entered: 07/31/2002)

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341 Aug. 6, 2002

Defendants' Twenty-Eight Six-Month Compliance REPORT and attachments (c/s) (eg, Deputy Clerk) (Entered: 08/06/2002)

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342 Sept. 10, 2002

JOINT STIPULATION AND ORDER for Extension of Time for plaintiffs' filing of response to defendants' Twenty-Eight Six-Month Compliance Report to allow defendants the opportunity to review and comment upon a draft of plaintiffs' response. (signed by Chief Judge Frederic N. Smalkin 9/9/02) (c/m 9/10/02 eg) (eg, Deputy Clerk) Modified on 09/10/2002 (Entered: 09/10/2002)

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343 Oct. 15, 2002

NOTICE of attorney appearance by Millicent Edwards Gordon as counsel for defendants (c/s Chf Judge Smalkin) (eg, Deputy Clerk) Modified on 02/12/2003 (Entered: 10/15/2002)

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344 Nov. 1, 2002

RESPONSE by L.J to [341-1] defendants' twenty-eight six-month compliance report and Exhbits 1 and 2 (c/s Chf Judge Smalkin) (FILED SEPARATELY) (eg, Deputy Clerk) Modified on 02/12/2003 (Entered: 11/01/2002)

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345 Feb. 5, 2003

TWENTY-NINTH SIX-MONTH COMPLIANCE REPORT by defendants' Social Services, Human Resources and attachments (c/s) (eg, Deputy Clerk) Modified on 02/12/2003 Modified on 11/12/2003 (eg, Deputy Clerk). (Entered: 02/06/2003)

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346 March 10, 2003

JOINT STIPULATION to Extension of Time for the filing of plaintiffs' response to defendants' Twenty-Ninth Six-Month Compliance Report by Baltimore City Department of Social Services, L.J, Maryland Department of Human Resources, Ruth Massinga. (eg, Deputy Clerk) (Entered: 03/11/2003)

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347 March 10, 2003

MARGINAL ORDER granting 346 Joint Stipulation of the parties for Extension of Time for plaintiff to file a response to defendans' Twenty-Ninth Six-Month Compliance Report. Signed by Judge Benson E Legg on 3/6/03. (SEE DOCKET ENTRY #346) (c/m chambers 3/10/03) (eg, Deputy Clerk) (Entered: 03/11/2003)

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348 Aug. 5, 2003

STATUS REPORT Thirtieth Compliance Report by Baltimore City Department of Social Services, Maryland Department of Human Resources, Ruth Massinga. (Shultz, Catherine) (Entered: 08/05/2003)

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349 Aug. 5, 2003

Correspondence re: Lengthy Exhibits (Shultz, Catherine) (Entered: 08/05/2003)

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350 Sept. 5, 2003

Joint MOTION for Extension of Time by L.J. Responses due by 9/22/2003 (Mirviss, Mitchell) (Entered: 09/05/2003)

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351 Sept. 5, 2003

STIPULATION for Extension of Time by Baltimore City Department of Social Services, L.J, Maryland Department of Human Resources, Ruth Massinga. (Mirviss, Mitchell) (Entered: 09/05/2003)

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352 Nov. 7, 2003

RESPONSE re 345 Defendants' Twenty-Ninth Six-Month Compliance Report filed by L.J, and attachment 1 (c/s) (eg, Deputy Clerk) (Entered: 11/12/2003)

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353 Feb. 5, 2004

Joint MOTION for Extension of Time to File Defendants' Thirty-First Six-Month Compliance Report by Ruth Massinga. Responses due by 2/23/2004 (Shultz, Catherine) (Entered: 02/05/2004)

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354 Feb. 20, 2004

STATUS REPORT Addendum to 30th Compliance Report by Baltimore City Department of Social Services, Maryland Department of Human Resources, Ruth Massinga. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit # 4 Exhibit # 5 Exhibit # 6 Exhibit # 7 Exhibit # 8 Exhibit # 9 Exhibit)(Shultz, Catherine) (Entered: 02/20/2004)

1 Exhibit

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2 Exhibit

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6 Exhibit

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9 Exhibit

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355 March 2, 2004

PLAINTIFFS' RESPONSE re 354 Defendants' Thirtieth Six-Month Compliance Report (FILED SEPARATELY)(c/s)(eg, Deputy Clerk) (Entered: 03/02/2004)

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356 March 2, 2004

ERRATA SHEET TO JOINT STIPULATION filed by plaintiffs (c/s) (eg, Deputy Clerk) (Entered: 03/02/2004)

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357 March 5, 2004

STATUS REPORT by Maryland Department of Human Resources, Ruth Massinga. (Attachments: # 1 Thirty-First Six-Month Compliance Report# 2 Attachments A through D)(Shultz, Catherine) (Entered: 03/05/2004)

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358 April 9, 2004

JOINT STIPULATION TO Extend Time and APPROVAL. Signed by Judge J. Frederick Motz on 4/9/04. (c/m)(eg, Deputy Clerk) (Entered: 04/09/2004)

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359 July 16, 2004

JOINT STIPULATION TO EXTENSION OF TIME AND ORDER APPROVING. Signed by Judge J. Frederick Motz on 7/16/04. (c/m 7/16/04)(eg, Deputy Clerk) (Entered: 07/16/2004)

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360 July 28, 2004

RESPONSE re 357 Defendant's Thirty-First-Six-Month Compliance Report filed by plaintiffs L.J, et al.. (c/s Judge Motz)(eg, Deputy Clerk) (FILED SEPARATELY) (Entered: 07/28/2004)

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361 Aug. 5, 2004

STATUS REPORT Defendants' Thirty-Second Six-Month Compliance Report by Maryland Department of Human Resources. (Attachments: # 1 Appendix Appendix E Cases# 2 Exhibit Court Report August 2004# 3 Exhibit Family Preservation# 4 Exhibit Foster Home Payment# 5 Exhibit Foster Care Continuing# 6 Exhibit Foster Care New Entries# 7 Exhibit Training)(Shultz, Catherine) Modified on 8/6/2004 (eg, Deputy Clerk). (FILED SEPARATELY) (Entered: 08/05/2004)

1 Appendix Appendix E Cases

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2 Exhibit Court Report August 2004

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3 Exhibit Family Preservation

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4 Exhibit Foster Home Payment

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5 Exhibit Foster Care Continuing

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6 Exhibit Foster Care New Entries

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7 Exhibit Training

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362 Sept. 3, 2004

JOINT STIPULATION TO EXTENSION OF TIME AND ORDER APPROVING. Signed by Judge J. Frederick Motz on 9/3/04. (eg, Deputy Clerk) (Entered: 09/03/2004)

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Sept. 3, 2004

Case reassigned to Judge J. Frederick Motz (cag, Deputy Clerk)

363 Sept. 7, 2004

MOTION to Amend/Correct 361 Status Report, by Maryland Department of Human Resources. Responses due by 9/24/2004 (Attachments: # 1)(Shultz, Catherine) Modified on 9/8/2004 (eg, Deputy Clerk). (FILED IN ERROR) (Entered: 09/07/2004)

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364 Sept. 8, 2004

DEFENDANTS' CORRECTION TO THIRTY-SECOND SIX-MONTH COMPLIANCE REPORT by Baltimore City Department of Social Services, Maryland Department of Human Resources, Ruth Massinga. (c/s) (eg, Deputy Clerk) (Entered: 09/08/2004)

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365 Sept. 8, 2004

STATUS REPORT Correction to 32nd Status Report and replacement to filing yesterday (361) by Maryland Department of Human Resources. (Attachments: # 1 Errata Correction to Page Two of the 32nd Status Report# 2 Errata Correction to Page 17 of the 32nd Status Report)(Shultz, Catherine) (Entered: 09/08/2004)

1 Errata Correction to Page Two of the 32nd Status Report

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2 Errata Correction to Page 17 of the 32nd Status Report

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Sept. 8, 2004

The link to Document #363 has been reset so that non-court users may not access it and the docket text has been modified to indicate that it was filed in error. (eg, Deputy Clerk)

366 Dec. 10, 2004

JOINT STIPULATION AND ORDER EXTENDING time for filing of Plaintiff's Response to Defendant's Thirty-Second Six-Month Compliance Report to 1/18/05 and for the filing of Defendant's Thirty-Third Six-Month Compliance Report extended to 2/18/05. Signed by Judge J. Frederick Motz on 12/10/04. (eg, Deputy Clerk) (Entered: 12/13/2004)

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367 Jan. 18, 2005

RESPONSE re 365 Defendants' Thirty-Second Six Month Compliance Report filed by L.J. (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 01/18/2005)

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368 Jan. 19, 2005

Supplemental to 367 Response to Defendants' Thirty-Second Six-Month Compliance Report filed by L.J. (c/s)(eg, Deputy Clerk) (Entered: 01/19/2005)

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369 Feb. 18, 2005

Consent MOTION for Extension of Time to File 33rd Six-Month Compliance Report by Maryland Department of Human Resources. Responses due by 3/7/2005 (Shultz, Catherine) (Entered: 02/18/2005)

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370 Feb. 22, 2005

PLAINTIFFS' FIRST PETITION for Interim Award of Post-Judgment for Attorney Fees and Expenses, Memorandum and Exhibits by L.J. (EXHIBITS FILED SEPARATELY)(c/s 2/22/05) (eg, Deputy Clerk) Modified on 2/22/2005 (eg, Deputy Clerk). (Entered: 02/22/2005)

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371 Feb. 22, 2005

DEFENDANTS' THIRTY-THIRD SIX MONTH COMPLIANCE REPORT by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources. (c/s) (FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 02/22/2005)

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372 March 3, 2005

Consent MOTION for Extension of Time to File Response/Reply to the Plaintiffs' Petition for Award of Attorney's Fees and Expenses by Maryland Department of Human Resources. Responses due by 3/21/2005 (Shultz, Catherine) (Entered: 03/03/2005)

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373 March 4, 2005

Paperless ORDER granting re 372 Consent MOTION for Extension of Time to File Response/Reply to the Plaintiffs' Petition for Award of Attorney's Fees and Expenses filed by Maryland Department of Human Resources. Signed by Judge J. Frederick Motz on 3/4/05. (Motz, J.) (Entered: 03/04/2005)

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374 March 23, 2005

ERRATA SHEET to Memorandum in support of plaintiff's 370 First Petition for Interim Award of Post-Judgment Attorney's Fees and Expense filed by L.J. (c/s) (eg, Deputy Clerk) (Entered: 03/23/2005)

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375 March 23, 2005

JOINT STIPULATION and MARGINAL ORDER APPROVING Extension of Time for the filing of Plaintiffs' Response to Defendants' Thirty-Third Six-Month Compliance Report to 6/15/05. Signed by Judge J. Frederick Motz on 3/23/05. (c/m 3/24/05 eg) (eg, Deputy Clerk) Modified on 3/24/2005 (eg, Deputy Clerk). (Entered: 03/24/2005)

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376 April 1, 2005

Joint MOTION for Extension of Time to File Response/Reply as to 370 MOTION for Attorney Fees by Maryland Department of Human Resources. Responses due by 4/18/2005 (Shultz, Catherine) (Entered: 04/01/2005)

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377 April 4, 2005

Paperless ORDER granting re 376 Joint MOTION for Extension of Time to File Response/Reply as to 370 MOTION for Attorney Fees filed by Maryland Department of Human Resources,. Signed by Judge J. Frederick Motz on 4/4/05. (Motz, J.) (Entered: 04/04/2005)

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378 April 8, 2005

DEFENDANTS' Opposition and Attachments to 370 Plaintiffs' First Interim Post-Judgment Petition for Awar of Attorneys' Fees and Expenses filed by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources. (c/s) (eg, Deputy Clerk) Modified on 4/11/2005 (eg, Deputy Clerk). (ATTACHMENTS FILED SEPARATELY) (Entered: 04/11/2005)

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379 April 22, 2005

JOINT STIPULATION to Stay Proceedings on Plaintiffs' First Petition for Interim Award of Post-Justment Attorney's Fees and Expenses and to Toll the Time for Plaintiffs' Reply to Defendants' Opposition, by L.J. (c/s mcb, Deputy Clerk) (Entered: 04/22/2005)

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380 April 25, 2005

Correspondence requesting a status report. (Motz, J.) (Entered: 04/25/2005)

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381 April 25, 2005

PAPERLESS ORDER APPROVING re 379 Joint Stipulation, filed by L.J,. Per Judge J. Frederick Motz on 4/25/05. (eg, Deputy Clerk) (Entered: 04/25/2005)

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382 July 18, 2005

Request for Status Report. Status Report due by 8/2/2005. (Motz, J.) (Entered: 07/18/2005)

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383 July 27, 2005

STATUS REPORT Joint Status Report of Plaintiffs and Defendants by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. (Shultz, Catherine) (Entered: 07/27/2005)

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384 Aug. 1, 2005

Correspondence setting scheduling conference. (Motz, J.) (Entered: 08/01/2005)

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385 Aug. 2, 2005

STIPULATION Joint Stipulation to Extend Time by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. (Shultz, Catherine) (Entered: 08/02/2005)

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386 Aug. 2, 2005

Supplemental to Second Errata to Defendants' Opposition to Plaintiffs' First Interim Post-Judgment Petition for Award of Attorneys' Fees and Expenses. (Attachments: # 1 Errata Substituted Page 2# 2 Exhibit Attachment B-1# 3 Exhibit Attachment B-2)(Shultz, Catherine) (Entered: 08/02/2005)

1 Errata Substituted Page 2

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2 Exhibit Attachment B-1

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3 Exhibit Attachment B-2

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387 Aug. 3, 2005

Paperless ORDER granting re 385 Stipulation for extension of time filed by Maryland Department of Human Resources, Baltimore City Department of Social Services, Ruth Massinga, L.J. Signed by Judge J. Frederick Motz on 8/3/05. (Motz, J.) (Entered: 08/03/2005)

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388 Aug. 5, 2005

NOTICE of Appearance by Rhonda B Lipkin on behalf of L.J (Lipkin, Rhonda) (Entered: 08/05/2005)

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389 Aug. 12, 2005

STATUS REPORT Defendants' Thirty-Fourth Six-Month Compliance Report by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources. (Attachments: # 1 Defendants' Thirty-Fourth Six-Month Compliance Report)(Shultz, Catherine) (Entered: 08/12/2005)

1 Defendants' Thirty-Fourth Six-Month Compliance Report

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390 Aug. 17, 2005

Correspondence confirming matters discussed during the conference held on August 15, 2005. (Motz, J.) (Entered: 08/17/2005)

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391 Sept. 8, 2005

REQUEST for Extension of Time to File Report on Discussions on Attorney Fees and Access to Information (Lipkin, Rhonda) (Entered: 09/08/2005)

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392 Sept. 12, 2005

Paperless ORDER approving re 391 Request for Extension of Time to File filed by L.J. Signed by Judge J. Frederick Motz on 9/12/05. (Motz, J.) (Entered: 09/12/2005)

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393 Oct. 11, 2005

STIPULATION Joint Stipulation to Extend Time for Plaintiffs' Filing of Response to 33rd and 34th Compliance Reports by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. (Shultz, Catherine) (Entered: 10/11/2005)

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394 Oct. 11, 2005

Paperless ORDER granting re 393 Stipulation to extend time filed by Maryland Department of Human Resources, Baltimore City Department of Social Services, Ruth Massinga. Signed by Judge J. Frederick Motz on 10/11/05. (Motz, J.) (Entered: 10/11/2005)

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395 Oct. 12, 2005

Second REQUEST for Extension of Time to File Status Report on Fee/Access to Information Negotiations (Lipkin, Rhonda) (Entered: 10/12/2005)

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396 Oct. 14, 2005

Paperless ORDER granting re 395 Request for Extension of Time to File filed by L.J. Signed by Judge J. Frederick Motz on 10/14/05. (Motz, J.) (Entered: 10/14/2005)

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397 Oct. 28, 2005

Joint MOTION for Protective Order by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. Responses due by 11/14/2005 (Shultz, Catherine) (Entered: 10/28/2005)

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398 Oct. 31, 2005

PAPERLESS ORDER APPROVING 397 Joint Motion for Protective Order. Per by Judge J. Frederick Motz on 10/31/05. (eg, Deputy Clerk) (Entered: 10/31/2005)

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399 Nov. 10, 2005

Joint Request for Conference (Shultz, Catherine) (Entered: 11/10/2005)

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400 Nov. 14, 2005

Correspondence setting conference. (Motz, J.) (Entered: 11/14/2005)

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401 Dec. 12, 2005

PLAINTIFFS' RESPONSE to Defendants' Thirty-Third and Thirty-Fourth Six-Month Compliance Reports and Attachments 1 through 53 filed by L.J. (c/s) (rec'd 12/12/05 in paper-format)(FILED SEPARATELY) (eg, Deputy Clerk) (Entered: 12/12/2005)

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402 Dec. 12, 2005

Status Report Submitted by L.J (Lipkin, Rhonda) (Entered: 12/12/2005)

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403 Dec. 23, 2005

MOTION for Temporary Restraining Order and Preliminary Injunction by L.J. Responses due by 1/9/2006 (Attachments: # 1 # 2 # 3)(Mirviss, Mitchell) (Entered: 12/23/2005)

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404 Dec. 28, 2005

REQUEST for Extension of Time to File Update on Information/Fees Negotiations (Lipkin, Rhonda) (Entered: 12/28/2005)

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405 Dec. 29, 2005

PAPERLESS ORDER APPROVING re 404 Request for Extension of Time to File. Report due 1/10/06. Signed by Judge J. Frederick Motz on 12/29/05. (Motz, J.) (Entered: 12/29/2005)

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406 Jan. 6, 2006

Correspondence re: Consent Order Concerning Plaintiffs' Counsel's Tours of the Gay Street Office of The Baltimore City Department of Social Services (Mirviss, Mitchell) (Entered: 01/06/2006)

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407 Jan. 9, 2006

PAPERLESS ORDER APPROVING 406 Consent Order which resolves 403 Motion for TRO. Per Judge J. Frederick Motz on 1/6/06. (eg, Deputy Clerk) (Entered: 01/09/2006)

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408 Jan. 10, 2006

Status Report Submitted on Negotiations re Information Access and Fees by L.J (Lipkin, Rhonda) (Entered: 01/10/2006)

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409 Jan. 10, 2006

Status Report Submitted by Baltimore City Department of Social Services, Maryland Department of Human Resources (Shultz, Catherine) (Entered: 01/10/2006)

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410 Jan. 11, 2006

ERRATA SHEET to Plaintiffs' RESPONSE and CORRECTED VERSION to Defendants' Thirty-Third and Thirty-Fourth Six Month Compliance Reports filed by L.J. (FILED SEPARATELY) (c/s)(eg, Deputy Clerk) (Entered: 01/11/2006)

RECAP
411 Jan. 12, 2006

Correspondence re: Withdrawal of Request for Establishment of Fee Mechanism (Lipkin, Rhonda) (Entered: 01/12/2006)

RECAP
412 Feb. 6, 2006

Joint MOTION for Extension of Time for Filing Defendants' Thirty-Fifth Six-Month Compliance Report by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. Responses due by 2/23/2006 (Shultz, Catherine) (Entered: 02/06/2006)

RECAP
413 Feb. 6, 2006

Paperless ORDER granting 412 Motion for Extension of Time. Signed by Judge J. Frederick Motz on 2/6/06. (Motz, J.) (Entered: 02/06/2006)

RECAP
414 Feb. 7, 2006

STATUS REPORT Defendants' Thirty-Fifth Six-Month Compliance Report by Baltimore City Department of Social Services, Maryland Department of Human Resources. (Attachments: # 1 Consent Decree Report)(Shultz, Catherine) (Entered: 02/07/2006)

1 Consent Decree Report

View on PACER

RECAP
415 Feb. 14, 2006

ERRATA SHEET and SECOND CORRECTED VERSION of Plaintiffs' RESPONSE to Defendants' Thirty-Third and Thirty-Fourth Six-Month Compliance Reports and SECOND CORRECTED VERSION filed by L.J. (c/s) (FILED SEPARATELY)(eg, Deputy Clerk) (Entered: 02/15/2006)

RECAP
416 March 9, 2006

JOINT STIPULATION to Extension of Time for filing Plaintiffs' Response to Defendants' Thirty-Fifth Six-Month Compliance Report by Ruth Massinga, et al. and L.J., et al. (eg, Deputy Clerk) (Entered: 03/09/2006)

1 Joint Stipulation to Extension of time

View on PACER

RECAP
417 March 10, 2006

Paperless ORDER granting re 416 Stipulation filed by Maryland Department of Human Resources, Baltimore City Department of Social Services, Ruth Massinga, L.J. Signed by Judge J. Frederick Motz on 3/10/06. (Motz, J.) (Entered: 03/10/2006)

RECAP
418 May 22, 2006

STIPULATION Joint Stipulation to Extension of Time by Ruth Massinga, Baltimore City Department of Social Services, Maryland Department of Human Resources, L.J. (Mirviss, Mitchell) (Entered: 05/22/2006)

RECAP
419 May 22, 2006

Paperless ORDER granting re 418 Stipulation to extension of time filed by Maryland Department of Human Resources, et al. Signed by Judge J. Frederick Motz on 5/22/06. (Motz, J.) (Entered: 05/22/2006)

RECAP
420 July 8, 2006

Consent MOTION for Extension of Time to File Response to 35th & 36th Reports by L.J. Responses due by 7/25/2006 (Lipkin, Rhonda) (Entered: 07/08/2006)

RECAP
421 July 8, 2006

Consent MOTION for Other Relief to Omit June, July & August Monthly Meetings with Monitor by L.J. Responses due by 7/25/2006 (Lipkin, Rhonda) (Entered: 07/08/2006)

RECAP
422 July 10, 2006

Paperless ORDER granting request made in re 420 Consent MOTION for Extension of Time to File Response to 35th & 36th Reports filed by L.J. Signed by Judge J. Frederick Motz on 7/10/06. (Motz, J.) (Entered: 07/10/2006)

RECAP
423 July 10, 2006

Paperless ORDER granting request made in re 421 Consent MOTION for Other Relief to Omit June, July & August Monthly Meetings with Monitor filed by L.J. Signed by Judge J. Frederick Motz on 7/10/06. (Motz, J.) (Entered: 07/10/2006)

RECAP
424 July 31, 2006

Correspondence re: Notice to the Court (Shultz, Catherine) (Entered: 07/31/2006)

RECAP
425 Aug. 7, 2006

STATUS REPORT Defendants' Thirty-Sixth Six-Month Compliance Report by Baltimore City Department of Social Services, Maryland Department of Human Resources. (Attachments: # 1)(Shultz, Catherine) (Entered: 08/07/2006)

RECAP
426 Aug. 8, 2006

STATUS REPORT Errata to Defendants' Thirty-Sixth Six-Month Compliance Report by Baltimore City Department of Social Services, Maryland Department of Human Resources. (Shultz, Catherine) (Entered: 08/08/2006)

RECAP

Case Details

State / Territory:

Maryland

Case Type(s):

Child Welfare

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: Dec. 5, 1984

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All children who are, have been, or will be placed in foster home by the Baltimore City Department of Social Services (BCDSS) and are or will be in BCDSS custody either through voluntary placement or court order.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

Baltimore City Department of Social Services

Maryland Department of Human Resources

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

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

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

District of Maryland 1:84-cv-04409

U.S. Court of Appeals for the Fourth Circuit 09-02259

U.S. Court of Appeals for the Fourth Circuit 87-02156

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitoring

Monitor/Master

Preliminary relief granted

Recordkeeping

Reporting

Order Duration: 1988 - 2011

Issues

General/Misc.:

Access to public accommodations - governmental

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Foster care (benefits, training)

Individualized planning

Juveniles

Neglect by staff

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

Records Disclosure

Relative caretakers

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Benefits (Source):

Adoption Assistance and Child Welfare Act

Affected Sex/Gender(s):

Female

Male

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding (General)

Youth / Adult separation

Medical/Mental Health Care:

Medical care, general

Recommended Citation