Case: M.D. v. Abbott

2:11-cv-00084 | U.S. District Court for the Southern District of Texas

Filed Date: March 29, 2011

Case Ongoing

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Case Summary

This class action (previously, M.D. v. Perry) involving long-term foster care in Texas was filed on March 29, 2011, in the U.S. District Court for the Southern District of Texas. The plaintiff class of children in long-term foster care was represented by private counsel and Children's Rights, Inc. Plaintiffs sought declaratory and injunctive relief, alleging that Texas’s foster care system inflicted systemic harm through excessive placement moves, inappropriate congregate settings, abuse and neglect, denial of services, sibling separation, and failure to secure permanent homes or independent living skills. They cited violations of Substantive Due Process, Procedural Due Process, and First Amendment associational rights.The case was assigned to Judge Janis Jack.

A week after filing, plaintiffs moved for class certification, which was granted on June 5, 2011. The state appealed. On March 23, 2012, the Fifth Circuit reversed, citing Wal-Mart v. Dukes, and remanded for a more rigorous Rule 23 analysis. Plaintiffs renewed the motion in October 2012. After a hearing, the court certified a general class and three subclasses on August 27, 2013. Defendants appealed a day late, and the appeal was dismissed.

A trial was held in December 2014. On December 17, 2015, the court ruled for plaintiffs, citing unsafe placements, high caseloads, inadequate investigations, and a lack of placement options. The state’s motion to stay was denied. On March 21, 2016, the court appointed two special masters. An interim order in January 2017 required plans for caseworker visits, a child abuse hotline, a centralized database, attorney appointments, reduced caseloads, and monitoring.

On January 19, 2018, the court adopted parts of the special masters’ plan and criticized the state’s lack of cooperation. The state appealed, and the Fifth Circuit stayed the order. On October 18, 2018, the court of appeals affirmed in part, reversed in part, and remanded, finding the injunction overly broad. A revised injunction was issued on November 20, 2018. The Fifth Circuit again reviewed and, on July 8, 2019, affirmed in part, reversed in part, and vacated the order, providing its own modifications.

Ongoing litigation followed. On November 5, 2019, the court reaffirmed the 24-hour awake-night supervision requirement and barred placement changes without court approval. After a clarification hearing, the court found the state in contempt and ordered daily fines until compliance. Defendants appealed. In July 2020, plaintiffs filed another contempt motion. The court granted it on July 29, and a hearing was held September 3. The Fifth Circuit later reversed the placement restriction on November 9, 2020, finding it modified the injunction in violation of the 2019 appellate order.

On December 18, 2020, the district court issued a contempt opinion, holding the state in violation of numerous remedial orders. Fines were imposed for continued noncompliance. Implementation efforts remained contested. On January 11, 2022, the court ordered DFPS and HHSC to form a committee to expand mental health services and repatriate out-of-state children.

At a March 30, 2022 hearing, Judge Jack addressed reports of sexual exploitation at a shelter, announcing intent to refer the matter to federal prosecutors. A January 27, 2023 hearing reviewed the monitors’ fifth report, which found persistent harm, delayed responses to abuse, and poor access to phones and knowledge of rights among foster youth. The court demanded progress and statistics on pregnant children in custody.

On April 12, 2023, monitors reported mismanagement of medications, inappropriate prescriptions, and violations of psychiatric protocols. The court demanded remedies. The monitors also found children with sexual abuse histories were housed with sexually aggressive youth. Investigations were inconsistent, and the state failed to discipline facilities. On May 1, 2023, the court addressed DFPS concerns over monitors’ invoices, but emphasized their effectiveness.

On June 20, 2023, plaintiffs filed a contempt motion, amended August 18, alleging noncompliance with multiple remedial orders, including excessive caseloads and failure to report abuse. Defendants denied sufficient showing of contempt.

	Document
2:11-cv-00084	Docket [PACER]	May 5, 2020	May 5, 2020 Docket
1 11-40789	Plaintiffs' Original Complaint for Injunctive and Declaratory Relief and Request for Class Action Relief and Request for Class Action M.D. v. Perry	March 29, 2011	March 29, 2011 Complaint
15 2:11-cv-00084	PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION AND APPOINTMENT OF CLASS COUNSEL AND MEMORANDUM OF LAW IN SUPPORT M.D. v. Perry	April 5, 2011	April 5, 2011 Pleading / Motion / Brief
49 2:11-cv-00084	Order M.D. v. Perry	June 2, 2011	June 2, 2011 Order/Opinion 2011 WL 2173673
58 2:11-cv-00084	ORDER M.D. v. Perry	July 1, 2011	July 1, 2011 Order/Opinion 799 F.Supp.2d 712
11-00084	Order M.D. v. Perry	July 21, 2011	July 21, 2011 Order/Opinion 2011 WL 7047039
00511798331 11-40789	Appeal from the United States District Court for the Southern District of Texas M.D. v. Perry U.S. Court of Appeals for the Fifth Circuit	March 23, 2012	March 23, 2012 Order/Opinion 675 F.3d 832
130 2:11-cv-00084	PLAINTIFFS’ AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND REQUEST FOR CLASS ACTION M.D. v. Perry	June 1, 2012	June 1, 2012 Complaint
133 2:11-cv-00084	Judgment M.D. v. Perry U.S. Court of Appeals for the Fifth Circuit	June 14, 2012	June 14, 2012 Order/Opinion
134 2:11-cv-00084	Bill of Costs M.D. v. Perry	June 14, 2012	June 14, 2012 Other

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against Anne Heiligenstein, Rick Perry, Thomas Suehs (Filing fee $ 350 receipt number 0541-7866347) filed by J.S., D.I., S.A., A.M., T.C., D.P., M.D., K. E., Z.H..(Canales, J) (Entered: 03/29/2011)	March 29, 2011	March 29, 2011 RECAP
2	ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 5/26/2011 at 01:15 PM before Judge Janis Graham Jack. (Attachments: # 1 Standing Order) Parties notified.(vrios, ) (Entered: 03/29/2011) 1 Standing Order View on PACER	March 29, 2011	March 29, 2011 PACER
3	Summons Issued as to Anne Heiligenstein, Rick Perry, Thomas Suehs, filed.(brngarcia, ) (Entered: 03/29/2011)	March 29, 2011	March 29, 2011 PACER
4	MOTION for Olivia Sohmer to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/19/2011. (Canales, J) (Entered: 03/29/2011)	March 29, 2011	March 29, 2011 PACER
5	MOTION for Jessica Polansky to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/19/2011. (Canales, J) (Entered: 03/29/2011)	March 29, 2011	March 29, 2011 PACER
6	MOTION for Marcia Robinson Lowry to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/19/2011. (Canales, J) (Entered: 03/29/2011)	March 29, 2011	March 29, 2011 PACER
7	MOTION for Patrick Almonrode to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/19/2011. (Canales, J) (Entered: 03/29/2011)	March 29, 2011	March 29, 2011 PACER
8	MOTION for Stephen Dixon to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/19/2011. (Canales, J) (Entered: 03/29/2011)	March 29, 2011	March 29, 2011 PACER
9	MOTION for Amelia Cardenas to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/21/2011. (Canales, J) (Entered: 03/31/2011)	March 31, 2011	March 31, 2011 PACER
10	ORDER granting 5 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, ) (Entered: 04/04/2011)	March 31, 2011	March 31, 2011 PACER
11	ORDER granting 6 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, ) (Entered: 04/04/2011)	March 31, 2011	March 31, 2011 PACER
12	ORDER granting 4 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, ) (Entered: 04/04/2011)	March 31, 2011	March 31, 2011 PACER
13	ORDER granting 8 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, ) (Entered: 04/04/2011)	March 31, 2011	March 31, 2011 PACER
14	ORDER granting 7 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(bcortez, ) (Entered: 04/04/2011)	March 31, 2011	March 31, 2011 PACER
15	MOTION to Certify Class by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/26/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Proposed Order)(Canales, J) (Entered: 04/05/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Proposed Order View on PACER	April 5, 2011	April 5, 2011 Clearinghouse
16	ORDER. Next Friends shall appear before the Court at the Initial Pretrial Conference on May 26, 2011. (Signed by Judge Janis Graham Jack) Parties notified.(amireles, ) (Entered: 04/06/2011)	April 6, 2011	April 6, 2011 PACER
17	MOTION for April L. Farris to Appear Pro Hac Vice by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. Motion Docket Date 4/27/2011. (Canales, J) (Entered: 04/06/2011)	April 6, 2011	April 6, 2011 PACER
18	ORDER granting 9 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(amireles, ) (Entered: 04/06/2011)	April 6, 2011	April 6, 2011 PACER
19	CERTIFICATE OF INTERESTED PARTIES by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed.(Todd, James) (Entered: 04/07/2011)	April 7, 2011	April 7, 2011 PACER
20	CERTIFICATE OF INTERESTED PARTIES by A.M., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed.(Canales, J) (Entered: 04/11/2011)	April 11, 2011	April 11, 2011 PACER
21	MOTION for Extension of Time to file Answer and Respond to Class Certification Motion by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. Motion Docket Date 5/5/2011. (Todd, James) (Entered: 04/14/2011)	April 14, 2011	April 14, 2011 PACER
22	RESPONSE in Opposition to 21 MOTION for Extension of Time to file Answer and Respond to Class Certification Motion, filed by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H.. (Canales, J) (Entered: 04/15/2011)	April 15, 2011	April 15, 2011 PACER
23	ORDER granting 21 Motion for Extension of Time. Answer due by 5/14/2011 Responses due by 5/14/2011.(Signed by Judge Janis Graham Jack) Parties notified.(lcayce, ) (Entered: 04/19/2011)	April 19, 2011	April 19, 2011 PACER
24	Unopposed MOTION of Sara Stukenberg, As Next of Friend to Plaintiff M.D., to Appear at the Initial Pretrial Conference Via Telephone Conference by M.D., filed. Motion Docket Date 5/31/2011. (Attachments: # 1 Proposed Order)(Bell, Patricia) (Entered: 05/09/2011) 1 Proposed Order View on PACER	May 9, 2011	May 9, 2011 PACER
25	ORDER granting 24 Unopposed MOTION of Sara Stukenberg to Appear at the Initial Pretrial Conference Via Telephone Conference.(Signed by Judge Janis Graham Jack) Parties notified.(sscotch, ) (Entered: 05/10/2011)	May 10, 2011	May 10, 2011 PACER
26	NOTICE of Appearance by James Beau Eccles on behalf of Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. (Eccles, James) (Entered: 05/16/2011)	May 16, 2011	May 16, 2011 PACER
27	Unopposed MOTION for Leave to File Excess Pages by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed. Motion Docket Date 6/6/2011. (Attachments: # 1 Proposed Order)(Eccles, James) (Entered: 05/16/2011) 1 Proposed Order View on PACER	May 16, 2011	May 16, 2011 PACER
28	DESIGNATION of James Beau Eccles as attorney in charge of Anne Heiligenstein, Rick Perry, Thomas Suehs, filed.(Eccles, James) (Entered: 05/16/2011)	May 16, 2011	May 16, 2011 PACER
29	ANSWER to 1 Complaint by Anne Heiligenstein, Rick Perry, Thomas Suehs, filed.(Eccles, James) (Entered: 05/16/2011)	May 16, 2011	May 16, 2011 RECAP
30	Sealed Event, filed. (With attachments) (Entered: 05/16/2011)	May 16, 2011	May 16, 2011 PACER
31	JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit Plaintiffs' Proposed Scheduling Order, # 2 Exhibit Defendants' Proposed Scheduling Order)(Lowry, Marcia) (Stricken DE #38 per JGJ) (Entered: 05/16/2011) 1 Exhibit Plaintiffs' Proposed Scheduling Order View on PACER 2 Exhibit Defendants' Proposed Scheduling Order View on PACER	May 16, 2011	May 16, 2011 RECAP
32	Corrected JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit Plaintiffs' Proposed Scheduling Order, # 2 Exhibit Defendants' Proposed Scheduling Order)(Lowry, Marcia) (Stricken per DE #38 JGJ) (Entered: 05/16/2011) 1 Exhibit Plaintiffs' Proposed Scheduling Order View on PACER 2 Exhibit Defendants' Proposed Scheduling Order View on PACER	May 16, 2011	May 16, 2011 PACER
33	Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit Plaintiffs' Proposed Scheduling Order, # 2 Exhibit Defendants' Proposed Scheduling Order)(Lowry, Marcia) (Stricken per DE#38 JGJ) (Entered: 05/16/2011) 1 Exhibit Plaintiffs' Proposed Scheduling Order View on PACER 2 Exhibit Defendants' Proposed Scheduling Order View on PACER	May 16, 2011	May 16, 2011 PACER
34	Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bell, Patricia) (Stricken per DE #38 JGJ) (Entered: 05/16/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	May 16, 2011	May 16, 2011 PACER
35	Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed.(Bell, Patricia)(Stricken per DE #38 JGJ) (Entered: 05/16/2011)	May 16, 2011	May 16, 2011 PACER
36	Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bell, Patricia) (Stricken per DE #38 JGJ) (Entered: 05/16/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	May 16, 2011	May 16, 2011 PACER
37	Amended JOINT DISCOVERY/CASE MANAGEMENT PLAN by A.M., D.I., D.P., Anne Heiligenstein, J.S., K. E., M.D., Rick Perry, S.A., Thomas Suehs, T.C., Z.H., filed. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Bell, Patricia) (Entered: 05/17/2011) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	May 17, 2011	May 17, 2011 PACER
38	ORDER Striking Document re: 33 JointDiscovery/Case Management Plan, 34 JointDiscovery/Case Management Plan, 31 JointDiscovery/Case Management Plan, 36 JointDiscovery/Case Management Plan, 35 JointDiscovery/Case Management Plan, 32 JointDiscovery/Case Management Plan,. Documents are duplicative.(Signed by Judge Janis Graham Jack) Parties notified.(lsmith, ) (Entered: 05/17/2011)	May 17, 2011	May 17, 2011 PACER
39	ORDER granting 17 Motion to Appear Pro Hac Vice.(Signed by Judge Janis Graham Jack) Parties notified.(amireles, ) (Entered: 05/18/2011)	May 17, 2011	May 17, 2011 PACER
40	MEMORANDUM of Law and Supporting Affidavits in Relation to Plaintiffs' Next Friends by A.M., D.I., D.P., J.S., K. E., M.D., S.A., T.C., Z.H., filed. (Attachments: # 1 Affidavit Stukenberg Affidavit, # 2 Affidavit Pofahl Affidavit, # 3 Affidavit Morrison Affidavit, # 4 Affidavit Solis Affidavit, # 5 Affidavit Ricker Affidavit, # 6 Affidavit Langsley Affidavit, # 7 Affidavit Swacina Affidavit, # 8 Affidavit Cliff Affidavit, # 9 Affidavit Talley Affidavit, # 10 Exhibit Olivia Y. v. Barbour)(Lowry, Marcia) (Entered: 05/18/2011) 1 Affidavit Stukenberg Affidavit View on PACER 2 Affidavit Pofahl Affidavit View on PACER 3 Affidavit Morrison Affidavit View on PACER 4 Affidavit Solis Affidavit View on PACER 5 Affidavit Ricker Affidavit View on PACER 6 Affidavit Langsley Affidavit View on PACER 7 Affidavit Swacina Affidavit View on PACER 8 Affidavit Cliff Affidavit View on PACER 9 Affidavit Talley Affidavit View on PACER 10 Exhibit Olivia Y. v. Barbour View on PACER	May 18, 2011	May 18, 2011 RECAP

Case: M.D. v. Abbott

2:11-cv-00084 | U.S. District Court for the Southern District of Texas

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