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Case: Gibson v. Burdette

2:78-cv-02375 | U.S. District Court for the Southern District of West Virginia

Filed Date: Oct. 12, 1978

Closed Date: Aug. 3, 2011

Clearinghouse coding complete

Case Summary

Plaintiffs brought suit on October 12, 1978 in U.S. District Court for the Southern District of West Virginia against the West Virginia Department of Welfare and Department of Child Protective Services alleging violations of federal law and the U.S. Constitution, including the First, Fourth, Fifth, Ninth, and Fourteenth Amendment. The plaintiffs challenged several practices in use by the Department of Welfare, now known as the West Virginia Department of Health and Human Resources (WVDHHR). We…

Plaintiffs brought suit on October 12, 1978 in U.S. District Court for the Southern District of West Virginia against the West Virginia Department of Welfare and Department of Child Protective Services alleging violations of federal law and the U.S. Constitution, including the First, Fourth, Fifth, Ninth, and Fourteenth Amendment. The plaintiffs challenged several practices in use by the Department of Welfare, now known as the West Virginia Department of Health and Human Resources (WVDHHR). We only have the docket sheet beginning in 1996, and we have very few documents related to the case.

On January 8, 1979, the court certified a class consisting of all children and their parents and legal guardians who are residents of the state who are now or will in the future be subject of abuse or neglect proceedings in which the state seeks to terminate or otherwise affect custodial rights to the children.

The parties reached a settlement on June 8, 1984, which became known as the Gibson Decree. The settlement directly addressed the claimed violation of the Fourteenth Amendment by providing parents and children an opportunity to be heard in court in a preliminary pretaking hearing upon reason notice. The Decree also requires that children and parents be informed of their right of appeal.

The consent decree also addresses numerous casework practices and mandatory services for children. Foster homes must meet minimum standards that assure food, clothing, and shelter, and must avoid overcrowding. With respect to agency staffing and resources, a social service supervisor must review all protective cases within each area office regularly.

The Gibson Decree introduced the use of "Gibson payments" to purchase services for families in an effort to make their home and family environment safe for children. Use of Gibson payments are restricted to cases that are open for ongoing services. Information about the Gibson payments is integrated into the state's official child protective services policy.

Only a few notable events have taken place since the parties entered a consent decree in 1984. First, the parties amended the decree in 1989. Second, on February 21, 1996, a youth and her parents sought an order of contempt and damages as putative class members; and in 2011, another youth sought the same order. The court declined to reopen the case, concluding that the youths were not included within the class definition, because the class definition required members be residents of the state in 1979. Gibson v. Ginsberg, 989 F. Supp. 772, 774 (S.D. W. Va. 1996); Gibson v. Ginsberg, No. 78-2375, slip op. at 16 (S.D. W. Va. June 3, 2011).

Summary Authors

Elizabeth Homan (12/3/2012)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5471146/parties/gibson-v-burdette/


Judge(s)

Copenhaver, John Thomas Jr. (West Virginia)

Attorneys(s) for Plaintiff

Beter, George D. (West Virginia)

Dick, J. Benjamin (Virginia)

Attorneys(s) for Defendant

Fox, Jan L. (West Virginia)

Jones, William P. (West Virginia)

Reed, Kelly R. (West Virginia)

Other Attorney(s)

Active

Judge(s)

Copenhaver, John Thomas Jr. (West Virginia)

Attorneys(s) for Plaintiff

Beter, George D. (West Virginia)

Dick, J. Benjamin (Virginia)

Attorneys(s) for Defendant

Fox, Jan L. (West Virginia)

Jones, William P. (West Virginia)

Reed, Kelly R. (West Virginia)

Other Attorney(s)

Dalby, Nancy A. (West Virginia)

Documents in the Clearinghouse

Document

2:78-cv-02375

Docket

Aug. 3, 2011

Aug. 3, 2011

Docket
167

2:78-cv-02375

Order and Opinion

Gibson v. Ginsberg

Aug. 2, 1996

Aug. 2, 1996

Order/Opinion
189

2:78-cv-02375

Memorandum Opinion and Order

Gibson v. Allen

June 3, 2011

June 3, 2011

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5471146/gibson-v-burdette/

Last updated Nov. 2, 2022, 3:15 a.m.

ECF Number Description Date Link Date / Link

Case closed (emb) (Entered: 10/21/1996)

Oct. 7, 1981

Oct. 7, 1981

THIS CASE WAS CLOSED BEFORE BEING ENTERED COMPLETELY INTO THE AUTOMATED SYSTEM. FOR PREVIOUS ENTRIES, CHECK THE MANUAL DOCKET SHEET. (emb) Modified on 11/08/1996 (Entered: 10/21/1996)

Oct. 7, 1981

Oct. 7, 1981

160

MOTION/PETITION by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson for Contempt and Equitable, Legal, and Further Relief Under the Prior Orders of This Court , to Enforce the Said Orders, Decrees of This Court and for Vindication of the Power of This Court and the Rights and Liberty Interests of Petitioners and Prayer for Declaratory and Injunctive Relief and Damages Pursuant to Rule 56 and 57 of FRCP, and Per USC 2201−2, 1343 Et Seq., 1331, 1983. Against the Class Defendants and Request for Pretrial Conference. (emb) (Entered: 10/21/1996)

Feb. 21, 1996

Feb. 21, 1996

161

STATEMENT OF VISITING ATTORNEY by J. Benjamin Dick for Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson, with DESIGNATION OF LOCAL COUNSEL by George D. Beter. (emb) Modified on 11/08/1996 (Entered: 10/21/1996)

Feb. 21, 1996

Feb. 21, 1996

162

SEALED RECORDS of Court of Claims of WV, Claim No. CC−83−197, submitted by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson. (emb) Modified on 11/08/1996 (Entered: 10/21/1996)

Feb. 21, 1996

Feb. 21, 1996

163

LETTER from J. Benjamin Dick to Clerk, dated 02/20/96, re: enclosing corrected Page 25 of Plaintiffs' [160−1] motion/petition. (emb) Modified on 11/08/1996 (Entered: 10/21/1996)

Feb. 21, 1996

Feb. 21, 1996

164

LETTER from J. Benjamin Dick to Clerk, dated 02/21/96, re: enclosing corrected Pages 10, 12, 25 and 26 of the [160−1] motion/petition. (emb) (Entered: 10/21/1996)

Feb. 23, 1996

Feb. 23, 1996

165

MOTION by All Defendants to Dismiss Plaintiffs' [160−1] Motion/Petition. (This entry is incorporated with the previous entry) (emb) (Entered: 10/21/1996)

May 20, 1996

May 20, 1996

165

RESPONSE by All Defendants in opposition to Plaintiffs' [160−1] Motion/Petition for Contempt and Equitable, Legal, and Further Relief. (This entry is incorporated with the following entry) (emb) (Entered: 10/21/1996)

May 20, 1996

May 20, 1996

166

RESPONSE by Judith A. Gleichauf, Joseph A. Gleichauf, Katrina Gleichauf Jefferson to Defendants' [165−1] response in opposition to Plaintiffs' [160−1] motion/petition for Contempt and Equitable, Legal, and Further Relief. (This entry is incorporated with the following entry) (emb) (Entered: 10/21/1996)

June 4, 1996

June 4, 1996

166

MOTION by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson to Reopen this Civil Action. (This entry is incorporated with the previous entry) (emb) (Entered: 10/21/1996)

June 4, 1996

June 4, 1996

167

ORDER: denying Plaintiffs' [166−1] motion to Reopen this Civil Action, granting Defendants' [165−1] motion to Dismiss Plaintiffs' [160−1] Motion/Petition., dismissing Plaintiffs' [160−1] motion for Contempt and for Equitable, Legal, and Further Relief Under the Prior Orders of This Court, dismissing Plaintiffs' [160−2] motion to Enforce the Orders, Decrees This Court and for Vindication of the Power of This Court and the Rights and Liberty Interests of Petitioners, dismissing Plaintiffs' [160−3] motion Prayer for and Injunctive Relief and Damages Pursuant to Rule 56 and of FRCP, and Per USC 2201−2, 1343 Et Seq., 1331, 1983. Against the Class Defendants and Request for Pretrial Conference. ( signed by Judge John T. Copenhaver Jr. ) (cc: attys) (emb) Modified on 10/25/1996 (Entered: 10/21/1996)

Aug. 2, 1996

Aug. 2, 1996

168

PETITION/MOTION by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson to Rehear. (emb) (Entered: 10/21/1996)

Aug. 7, 1996

Aug. 7, 1996

169

RESPONSE by Defendants in opposition to Plaintiffs' [168−1] motion to Rehear. (emb) (Entered: 10/21/1996)

Aug. 19, 1996

Aug. 19, 1996

170

SUPPLEMENTAL PLEADING by Judith Gleichauf, Joseph Gleichauf and Katrina Gleichauf Jefferson to Plaintiffs' [168−1] Petition/Motion to Rehear. (This entry is incorporated with the previous entry) (emb) (Entered: 10/21/1996)

Aug. 29, 1996

Aug. 29, 1996

170

EQUAL PROTECTION CLAIM by Judth Gleichauf, Joseph Gleichauf and Katrina Gleichauf Jefferson. (This entry is incorporated with the previous entry) (emb) (Entered: 10/21/1996)

Aug. 29, 1996

Aug. 29, 1996

170

CONVERSION TO COMPLAINT by Judith Gleichauf, Joseph Gleichauf and Katrina Gleichauf Jefferson. (This entry is incorporated with the previous entry) (emb) (Entered: 10/21/1996)

Aug. 29, 1996

Aug. 29, 1996

170

REPLY by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson to Defendants' [169−1] response to Plaintiffs' [168−1] Petition/Motion to Rehear and Defendants' [165−1] motion to Dismiss Plaintiffs' [160−1] Motion/Petition. (This entry is incorporated with the following entry) (emb) (Entered: 10/21/1996)

Aug. 29, 1996

Aug. 29, 1996

171

ORDER: denying Plaintiffs' [168−1] petition/motion to Rehear; denying request by said petitioners for oral argument; denying the Plaintiffs' [170−1] motion to convert Plaintiffs' [160−1] motion/petition to a complaint; denying Plaintiffs' motion to seal documents submitted by the defendants in support of their [165−1] motion to dismiss. ( signed by Judge John T. Copenhaver Jr. ) (cc: attys) (emb) (Entered: 10/21/1996)

Oct. 8, 1996

Oct. 8, 1996

172

RETURN: [171−1] order entered 10/08/96 mailed to Andrew S. Nason, 710 Virginia Street East, Charleston, WV 25301 returned by U.S. Postal Service Marked "Undeliverable As Addressed Forwarding Order Expired, Return to Sender." (emb) (Entered: 10/21/1996)

Oct. 18, 1996

Oct. 18, 1996

173

NOTICE OF APPEAL by Judith A. Gleichauf, Joseph A. Gleichauf and Katrina Gleichauf Jefferson. FILING FEE $ 105.00 RECEIPT # 068279 Appeal record due on 12/6/96 from [167−1] and [171−1] orders. (emb) Modified on 12/05/1996 (Entered: 11/07/1996)

Nov. 6, 1996

Nov. 6, 1996

174

Notice of Appellate Action with certified copy of docket, judgment order and notice of appeal to 4CCA: [173−1] appeal by Katrina Gleichauf Jefferson, Joseph A. Gleichauf and Judith A. Gleichauf (cc: attys) (emb) (Entered: 11/07/1996)

Nov. 6, 1996

Nov. 6, 1996

175

NOTICE of Appellate Action received by 4CCA on 11/14/96, 4CCA # &fee status: Fee Paid 4CCA No. 96−2662 Case Manager: Sharon A. Wiley (emb)

Nov. 25, 1996

Nov. 25, 1996

176

LETTER from 4CCA to Ronald D. Lawson, dated 12/11/96, re: informing the court that a transcript is not necessary for this appeal and requesting the transmission of the certificate of readiness in 4CCA No. 96−2662. (emb) Modified on 03/10/1997

Dec. 16, 1996

Dec. 16, 1996

177

CERTIFICATE by Clerk of Readiness of Record on Appeal in 4CCA No. 96−2662, re: [173−1] appeal by Katrina Gleichauf Jefferson, Joseph A. Gleichauf and Judith A. Gleichauf. (emb) Modified on 12/18/1996

Dec. 16, 1996

Dec. 16, 1996

178

ACKNOWLEDGMENT by 4CCA of receipt of certificate of readiness on 12/18/96 in 4CCA no. 96−2662. (skh)

Dec. 23, 1996

Dec. 23, 1996

180

UNPUBLISHED 4CCA OPINION for [173−1] appeal by Katrina Gleichauf Jefferson, Joseph A. Gleichauf, Judith A. Gleichauf affirming the decision of the District Court in 4CCA #96−2662. (pdb)

Dec. 1, 1997

Dec. 1, 1997

181

JUDGMENT OF 4CCA (certified copy) Re: [173−1] appeal by Katrina Gleichauf Jefferson, Joseph A. Gleichauf, Judith A. Gleichauf affirming the judgment of the District Court in 4CCA # 96−2662. (cc: attys, Judge Copenhaver) (pdb)

Dec. 1, 1997

Dec. 1, 1997

182

MOTION AND PETITION by Amanda Underwood for Contempt and Equitable, Legal and Further Relief Under the Prior Orders of this Court on Behalf of the Class Member Amanda Underwood; and to Enforce the Said Orders, Decrees of this Court and for Vindication of the Power of this Court and the Rights and Liberty Interests of Petitioner; and Prayer for Declaratory and Injunctive Relief and Damages Pursuant to Rule 57 and 65 of FRCP, and Per 28 USC 2201−2, 1343 et seq., 1331, 1983 Against the Class Defendants, or their Successors Above (Attachments: # 1 Exhibit A, # 2 Certificate of Service)(Dalby, Nancy) (Modified text to conform to filed document and to edit description of attachment #1 on 3/4/2011) (skh).

March 3, 2011

March 3, 2011

183

ORDER pursuant to movant Amanda Underwood's 182 "MOTION AND PETITION FOR CONTEMPT AND EQUITABLE, LEGAL, AND FURTHER RELIEF UNDER THE PRIOR ORDERS OF THIS COURT ON BEHALF OF THE CLASS MEMBER AMANDA UNDERWOOD; AND TO ENFORCE THE SAID ORDERS, DECREES OF THIS COURT AND FOR VINDICATION OF THE POWER OF THIS COURT AND THE RIGHTS AND LIBERTY INTERESTS OF PETITIONER; AND PRAYER FOR DECLARATORY AND INJUNCTIVE RELIEF AND DAMAGES PURSUANT TO RULE 57 AND 65 OF FRCP, AND PER 28 USC 2201−2, 1343 ET SEQ., 1331, 1983 AGAINST THE CLASS DEFENDANTS, OR THEIR SUCCESSORS ABOVE" (motion for an order to show cause), directing that defendants or their successors are to respond to the motion for an order to show cause by 3/25/2011, addressing solely the propriety of embedding and adjudicating within this civil action the claims made in the motion for an order to show cause; plaintiff to reply by 4/8/2011. Signed by Judge John T. Copenhaver, Jr. on 3/10/2011. (cc: attys; any unrepresented parties) (taq)

March 10, 2011

March 10, 2011

SET DEADLINE re: 182 MOTION AND PETITION (motion for an order to show cause) by Amanda Underwood. Response due by 3/25/2011 and reply due by 4/8/2011 pursuant to the court's 183 order. (taq)

March 10, 2011

March 10, 2011

184

NOTICE OF SUBSTITUTION OF COUNSEL by William P. Jones on behalf of Leon H. Ginsberg (Jones, William) (Modified text to conform to filed document on 3/14/2011) (skh).

March 14, 2011

March 14, 2011

185

RESPONSE AND MOTION by Leon H. Ginsberg to Dismiss 182 MOTION AND PETITION by Amanda Underwood for Contempt and Equitable, Legal and Further Relief Under the Prior Orders of this Court on Behalf of the Class Member Amanda Underwood; and to Enforce the Said Orders, Decrees of this Court and for Vindication of the Power of this Court and the Rights and Liberty Interests of Petitioner; and Prayer for Declaratory and Injunctive Relief and Damages Pursuant to Rule 57 and 65 of FRCP, and Per 28 USC 2201−2, 1343 et seq., 1331, 1983 Against the Class Defendants, or their Successors Above the Court's in Response to the Court's 183 Order.(Jones, William) (Modified on 3/23/2011 to convert event to a motion to dismiss, to add link to #182 motion and to remove memorandum and file as entry #187) (skh).

March 23, 2011

March 23, 2011

186

ANSWER TO 182 MOTION AND PETITION by Amanda Underwood for Contempt and Equitable, Legal and Further Relief Under the Prior Orders of this Court on Behalf of the Class Member Amanda Underwood; and to Enforce the Said Orders, Decrees of this Court and for Vindication of the Power of this Court and the Rights and Liberty Interests of Petitioner; and Prayer for Declaratory and Injunctive Relief and Damages Pursuant to Rule 57 and 65 of FRCP, and Per 28 USC 2201−2, 1343 et seq., 1331, 1983 Against the Class Defendants, or their Successors Above by Leon H. Ginsberg.(Jones, William) (Modified on 3/23/2011

March 23, 2011

March 23, 2011

188

REPLY by Amanda Underwood to 185 RESPONSE and MOTION by Leon H. Ginsberg to Dismiss 182 MOTION AND PETITION by Amanda Underwood for Contempt and Equitable, Legal and Further Relief Under the Prior Orders of this Court on Behalf of the Class Member Amanda Underwood. (Attachment: # 1 Certificate of Service)(Dalby, Nancy)(Modified on 4/13/2011 for clarity of text and to replace unsigned image of reply with signed image) (skh).

April 8, 2011

April 8, 2011

NOTICE OF DOCKET CORRECTION re: 188 Reply by Amanda Underwood to 185 Response and Motion. ERROR: Unsigned image attached. CORRECTION: Unsigned image of reply replaced with signed image. (skh)

April 13, 2011

April 13, 2011

189

MEMORANDUM OPINION AND ORDER denying movant Amanda Underwood's 182 MOTION for an order to show cause; the denial is without prejudice to movant's pursuit of any other available remedies. The court, accordingly, declines to reopen this case. Signed by Judge John T. Copenhaver, Jr. on 6/3/2011. (cc: attys; any unrepresented parties) (taq)

June 3, 2011

June 3, 2011

RECAP
190

ORDER pursuant to the 6/3/2011 189 memorandum opinion and order denying the request for an order to show cause, directing the Clerk to terminate docket entry 185 to the extent that it moves for dismissal of the request for an order to show cause; further, the court declined to reopen the case in its 6/3/2011 memorandum opinion and order, directing the Clerk to reflect on the docket the closed nature of the action. Signed by Judge John T. Copenhaver, Jr. on 8/3/2011. (cc: attys; any unrepresented parties) (taq)

Aug. 3, 2011

Aug. 3, 2011

Case Details

State / Territory: West Virginia

Case Type(s):

Child Welfare

Key Dates

Filing Date: Oct. 12, 1978

Closing Date: Aug. 3, 2011

Case Ongoing: No

Plaintiffs

Plaintiff Description:

West Virginia children and their parents and legal guardians who are the subjects of abuse or neglect proceedings in which the state seeks to terminate or otherwise affect custodial rights to the children.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

West Virginia, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1984 - None

Content of Injunction:

Implement complaint/dispute resolution process

Auditing

Issues

General:

Access to lawyers or judicial system

Access to public accommodations - governmental

Adoption

Counseling

Emergency shelter

Failure to supervise

Failure to train

Family abuse and neglect

Family reunification

Food service / nutrition / hydration

Foster care (benefits, training)

Grievance procedures

Incident/accident reporting & investigations

Individualized planning

Juveniles

Parents (visitation, involvement)

Payment for care

Relative caretakers

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Timeliness of case assignment

Youth / Adult separation

Crowding:

Crowding / caseload