Case: Del A. v. Roemer

2:86-cv-00801 | U.S. District Court for the Eastern District of Louisiana

Filed Date: Feb. 25, 1986

Closed Date: 1991

Clearinghouse coding complete

Case Summary

On February 25, 1986, fifteen foster children filed this case as a putative class action lawsuit in the United States District Court for the Eastern District of Louisiana. They proceeded under 42 U.S.C. § 1983 against the Governor of Louisiana and various state officials with responsibility for administering the state's child welfare system. The Plaintiffs, represented by the Children's Rights Project of the American Civil Liberties Union (now Children's Rights, Inc.) and private counsel, sough…

On February 25, 1986, fifteen foster children filed this case as a putative class action lawsuit in the United States District Court for the Eastern District of Louisiana. They proceeded under 42 U.S.C. § 1983 against the Governor of Louisiana and various state officials with responsibility for administering the state's child welfare system. The Plaintiffs, represented by the Children's Rights Project of the American Civil Liberties Union (now Children's Rights, Inc.) and private counsel, sought money damages and declaratory and injunctive relief, claiming that Defendants were violating Plaintiffs' substantive and procedural due process rights under the United States Constitution; Plaintiffs' rights under the Adoption Assistance and Child Welfare Act of 1980 (AACWA); and Plaintiffs' rights under the Child Abuse Prevention and Treatment Act (CAPTA) in their administration of Louisiana's child welfare system. On April 28, 1986, Plaintiffs amended their complaint to add additional named Plaintiffs.

On March 2, 1988, the District Court (Judge Morey L. Sear) denied certain individual Defendants' motion to dismiss and/or for summary judgment. Defendants had sought to dismiss the complaint on the basis of qualified immunity, and argued that both plaintiffs' statutory and constitutional rights were not "clearly established" at the time of the alleged violations. The Court held that both plaintiffs' statutory and constitutional rights were indeed "clearly established"; however, he noted that the parties agreed that defendants may not be held liable for damages in their official capacities under the Eleventh Amendment, and could not be held liable for damages in their individual capacities for events occurring prior to the defendant officials' respective assumptions of office. The Court also noted that it was "implicit" that "all of the claims that may give rise to damages may also support declaratory and injunctive relief." The Court concluded that plaintiffs have proffered "sufficient evidence to indicate that there are significant numbers of violations," and to allow the case to proceed. Del A. v. Edwards, No. 86-0801, 1988 WL 19284 (E.D. La. Mar. 2, 1988). The Defendants filed an interlocutory appeal, which was allowed because denials of claims of qualified immunity are appealable.

On September 28, 1988, a divided panel of the United States Court of Appeals for the Fifth Circuit affirmed the District Court's denial of summary judgment. The Fifth Circuit (Circuit Judge William H. Thornberry) held that Plaintiffs' claims under the AACWA were "clearly established" at the time of the alleged violations; however, the appellate court declined to address whether Plaintiffs' constitutional claims were clearly established. The Court noted that, as further litigation was necessary on the statutory claims, deciding a constitutional question was unnecessary at that time, and may be obviated depending on the District Court's ultimate ruling. Circuit Judge Jerry E. Smith dissented, stating his belief that Plaintiffs' claims merited dismissal. Judge Smith stated that, by avoiding the question of whether Plaintiffs' constitutional claims were clearly established, the majority allowed "a single dubious claim to frustrate [D]efendants' right, under the doctrine of qualified immunity, to avoid having to face a jury and answer, in damages, novel claims of unestablished constitutional 'rights.'" Del A. v. Edwards, 855 F.2d 1148 (5th Cir. 1988).

On December 19, 1988, the United States Court of Appeals for the Fifth Circuit granted Defendants' petition for rehearing en banc. Del A. v. Edwards, 862 F.2d 1107 (5th Cir. 1988). On January 13, 1989, Plaintiffs voluntarily dismissed their damages claims with prejudice. On February 28, 1989, the Fifth Circuit dismissed the appeal. Del A. v. Edwards, 867 F.2d 842 (5th Cir. 1988).

Also on December 19, 1988, the District Court (Judge Sear) denied Governor Edwin Edward's motion to dismiss. The nub of the motion was that the Plaintiffs had failed to show "links in the chain of proximate cause linking specific acts of the governor to the allegations in the complaint." The Court concluded that the governor, charged with lawful administration of the child welfare system, was a "supervisory official," and that such an official could still be entitled to qualified immunity unless the plaintiff were to put forth evidence indicating the official "in fact failed to act." In concluding that the Plaintiffs here had "not yet done" this, the Court permitted Plaintiffs fourteen days to furnish evidence of failure to act, after which time the Court would enter summary judgment for the governor. Del A. v. Edwards, No. 86-801, 1988 WL 137494 (E.D. La. Dec. 19, 1988). It is unclear whether summary judgment was subsequently entered for Governor Edward.

On March 6, 1989, trial began. By this point, nine Named Plaintiffs had been dismissed on mootness grounds; apparently, Plaintiffs' motion for class certification had either been denied or was never entertained. After two days of trial, the Court (Judge Sear) expressed his belief that plaintiffs had established prima facie violations of law. The Court encouraged the parties' respective child welfare experts to develop a plan to improve the Louisiana child welfare system. The parties agreed, and Defendants agreed the plan would apply class-wide (despite the absence of a certified class). Trial was continued indefinitely.

On August 18, 1989, the experts (without the assistance of counsel) provided a draft improvement plan to the Court. The Court (Judge Sear) ordered the parties to show cause why the plan should not be adopted. Following this hearing, the Court and the experts further revised the plan. After a final status conference, the parties were unable to reach agreement on a number of issues; the Court resolved the differences itself and adopted the plan. Del A. v. Edwards, No. 86-0801, 1990 WL 6035 (E.D. La. Jan. 25, 1990).

Following the adoption of the plan, each side moved to amend it. The Defendants wished to have language removed which stated that they did not object to the plan; the Plaintiffs sought some mechanism of enforcing compliance with the plan through the Court's contempt power. On March 22, 1990, the Court (Judge Sear) vacated the plan and returned the case to the trial calendar, stating that it was "obvious" that the plan did not provide "a mutually satisfactory resolution to the alleged problems" in Louisiana's child welfare system.

In May and July 1990, the Plaintiffs amended their complaint to again add new Named Plaintiffs.

Trial began for the second time on November 19, 1990 and concluded sometime early in 1991.

On October 21, 1991, the District Court (Judge Sear) entered judgment for Defendants on all counts. The Court held that Plaintiffs were not entitled to relief under AACWA because the Act did not create a right enforceable under Section 1983, nor an implied private right of action; that Plaintiffs were not entitled to relief under CAPTA because there was no enforceable right; that, even if private rights of action existed, Louisiana did not violate the Acts; that Plaintiffs had "no clearly established right" under the Fourteenth Amendment to a stable foster home environment; that Plaintiffs had "no liberty interest in emotional well-being"; that Plaintiffs had "no right to be placed in the least restrictive foster care arrangement"; and that Plaintiffs had a protected property interest with respect to their procedural due process claim, but that Plaintiffs failed to allege what procedural requirement was not complied with. Del A. v. Roemer, 777 F. Supp. 1297 (E.D. La. 1991).

On November 5, 1991, Plaintiffs appealed the decision to the United States Court of Appeals for the Fifth Circuit. However, on December 7, 1992, Plaintiffs withdrew their appeal. Presumably, this withdrawal was in light of the Supreme Court's decision in Suter v. Artist M., 503 U.S. 347 (1992), decided earlier that year, which held that AACWA did not create or imply a private right of action.

Summary Authors

Dan Whitman (7/18/2015)

People


Judge(s)

Sear, Morey Leonard (Louisiana)

Smith, Jerry Edwin (Texas)

Thornberry, William Homer (Texas)

Attorneys(s) for Plaintiff

Dunn, Christopher (New York)

Gracer, Jeffrey B. (New York)

Hansen, Christopher A. (New York)

Lowry, Marcia Robinson (New York)

Maclaine, Ann Elizabeth (Louisiana)

Moreau, Mark (Louisiana)

Roy, Mary Ellen (Louisiana)

Judge(s)

Sear, Morey Leonard (Louisiana)

Smith, Jerry Edwin (Texas)

Thornberry, William Homer (Texas)

Attorneys(s) for Plaintiff

Dunn, Christopher (New York)

Gracer, Jeffrey B. (New York)

Hansen, Christopher A. (New York)

Lowry, Marcia Robinson (New York)

Maclaine, Ann Elizabeth (Louisiana)

Moreau, Mark (Louisiana)

Roy, Mary Ellen (Louisiana)

Scheckman, Steven Robert (Louisiana)

Attorneys(s) for Defendant

Brooks, Eavelyn Terry (Louisiana)

Dupont, L. Adrienne (Louisiana)

Finn, Arthur J. (Louisiana)

Keegan, Lisa F. (Louisiana)

Ladner, Roy V. (Louisiana)

Lemann, Arthur A. (Louisiana)

Mongrue, Roy A. Jr. (Louisiana)

Schneider, Emile W. (Louisiana)

Vick, Kendall L. (Louisiana)

Widmann, Mary Beck (Louisiana)

Documents in the Clearinghouse

Document

2:86-cv-00801

Docket

Del A. v. Edwards

April 2, 1993

April 2, 1993

Docket

2:86-cv-00801

Minute Entry

Del A. v. Edwards

1988 WL 19284

March 2, 1988

March 2, 1988

Order/Opinion

88-03154

Opinion

Del A. v. Edwards

U. S. Court of Appeals for the Fifth Circuit

855 F.2d 1148

Sept. 28, 1988

Sept. 28, 1988

Order/Opinion

2:86-cv-00801

Memorandum and Order

Del A. v. Edwards

1988 WL 137494

Dec. 19, 1988

Dec. 19, 1988

Order/Opinion

2:86-cv-00801

Memorandum and Order

Del A. v. Edwards

1990 WL 6035

Jan. 25, 1990

Jan. 25, 1990

Order/Opinion
431

2:86-cv-00801

Memorandum and Order

777 F.Supp. 1297

Oct. 21, 1991

Oct. 21, 1991

Order/Opinion

Resources

Docket

Last updated Aug. 4, 2022, 3:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT ( 3 summons(es) issued ) (jd) (Entered: 03/27/1990)

Feb. 25, 1986

Feb. 25, 1986

2

RETURN OF SERVICE of summons executed upon defendant Edwin Edwards, defendant Sandra L Robinson, defendant Melvin Meyers Jr on 2/28/86 (jd) (Entered: 03/27/1990)

Feb. 28, 1986

Feb. 28, 1986

4

RETURN OF SERVICE/Notice and acknowledgement of receipt of summons executed upon defendant Edwin Edwards on 3/11/86 (jd) (Entered: 03/27/1990)

March 17, 1986

March 17, 1986

5

RETURN OF SERVICE/Notice and acknowledgement of receipt of summons executed upon defendant Sandra L Robinson on 3/17/86 (jd) (Entered: 03/27/1990)

March 17, 1986

March 17, 1986

19

RETURN OF SERVICE of summons executed upon defendant Wayne C Heap on 5/5/86 (jd) (Entered: 03/27/1990)

May 5, 1986

May 5, 1986

25

RETURN OF SERVICE/Notice and acknowledgement of receipt of summons executed upon defendant Wayne C Heap on 5/6/86 (jd) (Entered: 03/27/1990)

May 16, 1986

May 16, 1986

28

ANSWER by defendant Edwin Edwards, defendant Sandra L Robinson, &defendant Melvin Meyers Jr to plaintiff's compaint &ANSWER defendant Wayne C Heap to plaintiffs' amended complaint (jd) (Entered: 03/27/1990)

May 30, 1986

May 30, 1986

57

PROTECTIVE ORDER: Order that production of documents ordered on 8/28/86 and all future discovery be governed by the attached protective order subject to listed limitations; Ordered that defendants will not be required to divulge identity of or any identifying information of any individual whose name appears in the records, with the exception that the name of the juvenile plaintiffs may be revealed; Further Ordered that plaintiffs be allowed to make copies of plaintiffs' case files at their expense to extent that can be accomplished without divulging information protectied by this order; Further Ordered that plaintiffs' case records or copies are to be produced by defendants by 11/21/86; Further Ordered that documents which were to have been produced by 9/30/86 are now to be produced by 12/10/86 in accordance with established procedures; Further Ordered that defendants to produce data retrieved from computer−stored files on named plaintiffs by 12/10/86, by Magistrate Ronald Fonseca orig dktd 11/13/86 (jd) (Entered: 03/27/1990)

Nov. 12, 1986

Nov. 12, 1986

336

MINUTE ENTRY: 3/21/90; ORDER that order dated 1/25/90 is vacated. Further ORDER that case be reopened and restored to trial docket. Further ORDER that parties shall submit a proposed trial schedule by 4/4/90 5:00 , by Judge Morey L. Sear orig dktd 3/22/90 (jd) (Entered: 03/27/1990)

March 22, 1990

March 22, 1990

337

Letter from Judge to Christopher Hansen dated 4/10/90 in re: schedule for discovery and trial (jd) (Entered: 04/11/1990)

April 11, 1990

April 11, 1990

338

Letter to Judge from Christopher A. Hansen dated 4/18/90 re proposed disc schedule. (ps) (Entered: 04/27/1990)

April 27, 1990

April 27, 1990

339

Letter to Judge from Arthur A. Lemann III dated 4/19/90 re discovery schedule. (ps) (Entered: 04/27/1990)

April 27, 1990

April 27, 1990

340

MINUTE ENTRY: 4/25/90; Tele Status Conf held 4/23/90. Parties agreed to discuss mutually acceptable method of selecting additional pltfs. If parties are unable to agree, pltfs shall file mtn to add additional pltfs by 4/30/90. by Judge Morey L. Sear (ps) (Entered: 04/27/1990)

April 27, 1990

April 27, 1990

341

Letter to Judge from Arthur A. Lemann III dated 4/26/90 re method of selecting additional pltfs. (ps) (Entered: 05/08/1990)

May 1, 1990

May 1, 1990

342

Letter to Judge from Christopher A. Hansen dated 4/27/90 re method of selecting additional pltfs. (ps) (Entered: 05/08/1990)

May 7, 1990

May 7, 1990

343

MINUTE ENTRY: 5/3/90; Motions to add new parties shall be filed and served by 5/18/90. Responses shall be filed and served by 5/29/90. If necessary, a hearing will be held on 6/6/90 9:15am; Pre−Trial Conference set 8:30 10/16/90; Non−jury Trial set 8:30 11/19/90. by Judge Morey L. Sear (ps) Modified on 05/15/1990 (Entered: 05/08/1990)

May 7, 1990

May 7, 1990

344

ORDER for proposed findings of fact conclusions of law to be filed pltf to serve &file same NLT 5:00 p.m. 10/2/90; deft to serve &file answering proposals NLT 5:00 p.m. 10/9/90 as stip by Judge Morey L. Sear (jk) (Entered: 05/09/1990)

May 7, 1990

May 7, 1990

345

MOTION by plaintiffs Brendolyn A, Chris B, Del A, January H, Kieta D, Leroy E, Stacy C, Stephanie C, Windy D, Flemming G, Thomas F, La Donna F, Saundra F, Chantall F, Dolly H to amend complaint &add new plaintiffs. hrg set for 6/6/90 at 9:15 a.m. bfr Judge. (ps) (Entered: 05/21/1990)

May 18, 1990

May 18, 1990

347

Motion by plaintiff Brendolyn A, plaintiff Chris B, plaintiff Del A, plaintiff January H, plaintiff Kieta D, plaintiff Leroy E, plaintiff Stacy C, plaintiff Stephanie C, plaintiff Windy D, plaintiff Flemming G, plaintiff Thomas F, plaintiff La Donna F, plaintiff Saundra F, plaintiff Chantall F, plaintiff Dolly H and ORDER withdrawing attorney Christopher Dunn for Dolly H, attorney Christopher Dunn for Chantall F, attorney Christopher Dunn for Saundra F, attorney Christopher Dunn for La Donna F, attorney Christopher Dunn for Thomas F, attorney Christopher Dunn for Flemming G, attorney Christopher Dunn for Windy D, attorney Christopher Dunn for Stephanie C, attorney Christopher Dunn for Stacy C, attorney Christopher Dunn for Leroy E, attorney Christopher Dunn for Kieta D, attorney Christopher Dunn for January H, attorney Christopher Dunn for Del A, attorney Christopher Dunn for Chris B, attorney Christopher Dunn for Brendolyn A and substituting attorney Jeffrey B. Gracer for same by Judge Morey L. Sear 6/10/90 (kc) (Entered: 06/12/1990)

June 8, 1990

June 8, 1990

348

MOTION by plaintiff Brendolyn A, plaintiff Chris B, plaintiff Del A, plaintiff January H, plaintiff Kieta D, plaintiff Leroy E, plaintiff Stacy C, plaintiff Stephanie C, plaintiff Windy D, plaintiff Flemming G, plaintiff Thomas F, plaintiff La Donna F, plaintiff Saundra F, plaintiff Chantall F, plaintiff Dolly H for attorney Jeffrey B. Gracer to appear pro hac vice ; no hrg set (kc) (Entered: 06/12/1990)

June 8, 1990

June 8, 1990

349

MINUTE ENTRY (6/12/90): Phone conf was held 6/12/90; ORDERED that pltfs' expert report deadline is ext to 8/31/90 &defts' expert report deadline is ext to 10/1/90 Judge Morey L. Sear (kc) (Entered: 06/13/1990)

June 13, 1990

June 13, 1990

350

Letter to court from plaintiff Brendolyn A, plaintiff Chris B, plaintiff Del A, plaintiff January H, plaintiff Kieta D, plaintiff Leroy E, plaintiff Stacy C, plaintiff Stephanie C, plaintiff Windy D, plaintiff Flemming G, plaintiff Thomas F, plaintiff La Donna F, plaintiff Saundra F, plaintiff Chantall F, plaintiff Dolly H re: scheduling order (kc) (Entered: 06/13/1990)

June 13, 1990

June 13, 1990

351

Letter to court from atty for plaintiff Brendolyn A, plaintiff Chris B, plaintiff Del A, plaintiff January H, plaintiff Kieta D, plaintiff Leroy E, plaintiff Stacy C, plaintiff Stephanie C, plaintiff Windy D, plaintiff Flemming G, plaintiff Thomas F, plaintiff La Donna F, plaintiff Saundra F, plaintiff Chantall F, plaintiff Dolly H dated 6/7/90 re: access by experts to records of named pltfs (kc) (Entered: 07/10/1990)

July 9, 1990

July 9, 1990

352

ANSWER to Second Amended Complaint by defendants Edwin Edwards, Sandra L Robinson, Wayne C Heap, Melvin Meyers Jr (ps) (Entered: 07/11/1990)

July 11, 1990

July 11, 1990

353

PLAINTIFFS' 2ND AMENDED complaint [17−1], complaint [1−1]; adding Section J, Keithrell K, Clinton L, James L, Dani M, Ayana N, Charlotte O as pltfs (kc) Modified on 07/16/1990 (Entered: 07/16/1990)

July 13, 1990

July 13, 1990

354

MOTION by plaintiff Brendolyn A, plaintiff Chris B, plaintiff Del A, plaintiff January H, plaintiff Kieta D, plaintiff Leroy E, plaintiff Stacy C, plaintiff Stephanie C, plaintiff Windy D, plaintiff Flemming G, plaintiff Thomas F, plaintiff La Donna F, plaintiff Saundra F, plaintiff Chantall F, plaintiff Dolly H, plaintiff Section J, plaintiff Keithrell K, plaintiff Clinton L, plaintiff James L, plaintiff Dani M, plaintiff Ayana N, plaintiff Charlotte O for class certification ; hrg set for 8/1/90 @ 9:15 am bfr Judge (kc) (Entered: 07/17/1990)

July 17, 1990

July 17, 1990

355

MOTION by plaintiff Brendolyn A, plaintiff Chris B, plaintiff Del A, plaintiff January H, plaintiff Kieta D, plaintiff Leroy E, plaintiff Stacy C, plaintiff Stephanie C, plaintiff Windy D, plaintiff Flemming G, plaintiff Thomas F, plaintiff La Donna F, plaintiff Saundra F, plaintiff Chantall F, plaintiff Dolly H, plaintiff Section J, plaintiff Keithrell K, plaintiff Clinton L, plaintiff James L, plaintiff Dani M, plaintiff Ayana N, plaintiff Charlotte O for casereading ; hrg set for 8/1/90 @ 9:15 am bfr Judge (kc) (Entered: 07/17/1990)

July 17, 1990

July 17, 1990

356

Motion by defendant Edwin Edwards, defendant Melvin Meyers Jr, defendant Sandra L Robinson and ORDER granting an extension of time until 7/27/90 to file memo in opp pltfs' renewed mtn for class certification &a memo in opp to pltfs'

July 24, 1990

July 24, 1990

358

Response by defendant Edwin Edwards, defendant Melvin Meyers Jr, defendant Sandra L Robinson, defendant Wayne C Heap in oppos to motion for casereading [355−1] filed by pltfs. (jk) (Entered: 07/27/1990)

July 27, 1990

July 27, 1990

359

Motion by plaintiff Brendolyn A, plaintiff Chris B, plaintiff Del A, defendant Edwin Edwards, plaintiff January H, plaintiff Kieta D, plaintiff Leroy E, plaintiff Stacy C, plaintiff Stephanie C, plaintiff Windy D, plaintiff Flemming G, plaintiff Thomas F, plaintiff La Donna F, plaintiff Saundra F, plaintiff Chantall F, plaintiff Dolly H, plaintiff Section J, plaintiff Keithrell K, plaintiff Clinton L, plaintiff James L, plaintiff Dani M, plaintiff Ayana N, plaintiff Charlotte O and ORDER for leave to file suppl memo in suport of their mtns for class certification &a casereading by Judge Morey L. Sear (kc) (Entered: 08/08/1990)

Aug. 7, 1990

Aug. 7, 1990

360

Suppl Memo by plaintiff Brendolyn A, plaintiff Chris B, plaintiff Del A, plaintiff January H, plaintiff Kieta D, plaintiff Leroy E, plaintiff Stacy C, plaintiff Stephanie C, plaintiff Windy D, plaintiff Flemming G, plaintiff Thomas F, plaintiff La Donna F, plaintiff Saundra F, plaintiff Chantall F, plaintiff Dolly H, plaintiff Section J, plaintiff Keithrell K, plaintiff Clinton L, plaintiff James L, plaintiff Dani M, plaintiff Ayana N, plaintiff Charlotte O in support of pltfs' motion for casereading [355−1], of pltfs' motion for class certification [354−1] (kc) (Entered: 08/08/1990)

Aug. 8, 1990

Aug. 8, 1990

361

MINUTE ENTRY (8/9/90): MEMO &ORDER denying pltfs' motion for casereading [355−1] denying pltfs' motion for class certification [354−1] Judge Morey L. Sear (kc) (Entered: 08/13/1990)

Aug. 13, 1990

Aug. 13, 1990

362

Transcript of testimony of Dr. Jean Hunzeker taken during trial on 3/6/89 bfr Judge Sear (kc) (Entered: 08/24/1990)

Aug. 23, 1990

Aug. 23, 1990

363

MOTION by plaintiff Brendolyn A, plaintiff Chris B, plaintiff Del A, plaintiff January H, plaintiff Kieta D, plaintiff Leroy E, plaintiff Stacy C, plaintiff Stephanie C, plaintiff Windy D, plaintiff Flemming G, plaintiff Thomas F, plaintiff La Donna F, plaintiff Saundra F, plaintiff Chantall F, plaintiff Dolly H, plaintiff Section J, plaintiff Keithrell K, plaintiff Clinton L, plaintiff James L, plaintiff Dani M, plaintiff Ayana N, plaintiff Charlotte O for partial summary judgment ; hrg set for 9/12/90 @ 9:15 am bfr Judge (kc) (Entered: 08/27/1990)

Aug. 24, 1990

Aug. 24, 1990

364

MOTION by plaintiff Brendolyn A, plaintiff Chris B, plaintiff Del A, plaintiff January H, plaintiff Kieta D, plaintiff Leroy E, plaintiff Stacy C, plaintiff Stephanie C, plaintiff Windy D, plaintiff Flemming G, plaintiff Thomas F, plaintiff La Donna F, plaintiff Saundra F, plaintiff Chantall F, plaintiff Dolly H, plaintiff Section J, plaintiff Keithrell K, plaintiff Clinton L, plaintiff James L, plaintiff Dani M, plaintiff Ayana N, plaintiff Charlotte O to amend ct's order of 8/13/90 to certify it for appeal ; hrg set for 9/12/90 @ 9:15 am bfr Judge (kc) (Entered: 08/27/1990)

Aug. 24, 1990

Aug. 24, 1990

365

MINUTE ENTRY (8/29/90): denying pltfs' motion to amend ct's order of 8/13/90 to certify it for appeal [364−1] Judge Morey L. Sear (kc) (Entered: 08/29/1990)

Aug. 29, 1990

Aug. 29, 1990

366

Response/opp by defendant Edwin Edwards, defendant Melvin Meyers Jr, defendant Sandra L Robinson, defendant Wayne C Heap to pltfs' motion for partial summary judgment [363−1] (kc) (Entered: 08/30/1990)

Aug. 30, 1990

Aug. 30, 1990

367

MINUTE ENTRY: 9/10/90; denying motion by plaintiffs for partial summary judgment [363−1]. by Judge Morey L. Sear (jd) (Entered: 09/11/1990)

Sept. 10, 1990

Sept. 10, 1990

368

Notice of Deposition by plaintiff Brendolyn A, plaintiff Chris B, plaintiff Del A, plaintiff January H, plaintiff Kieta D, plaintiff Leroy E, plaintiff Stacy C, plaintiff Stephanie C, plaintiff Windy D, plaintiff Flemming G, plaintiff Thomas F, plaintiff La Donna F, plaintiff Saundra F, plaintiff Chantall F, plaintiff Dolly H, plaintiff Section J, plaintiff Keithrell K, plaintiff Clinton L, plaintiff James L, plaintiff Dani M, plaintiff Ayana N, plaintiff Charlotte O of Janice Sawyer &Connie Hale on 9/24/90; Tillie Riser, Sharon Scifres &Linda Doussan on 9/25/90; Jeanne Elder on 9/28/90. (gw) (Entered: 09/17/1990)

Sept. 14, 1990

Sept. 14, 1990

370

Witness list submitted by plaintiffs Brendolyn A, Chris B, Del A, January H, Kieta D, Leroy E, Stacy C, Stephanie C, Windy D, Flemming G, Thomas F, La Donna F, Saundra F, Chantall F, Dolly H, Section J, Keithrell K, Clinton L, James L, Dani M, Ayana N, Charlotte O (gw) (Entered: 09/17/1990)

Sept. 14, 1990

Sept. 14, 1990

371

MINUTE ENTRY (9/11/90): Counsel wishing to be heard on any matter involved in this proceeding shall file an appropriate motion by Judge Morey L. Sear (gw) (Entered: 09/17/1990)

Sept. 14, 1990

Sept. 14, 1990

372

Witness list submitted by defendants Wayne C Heap, Sandra L Robinson, Melvin Meyers Jr, Edwin Edwards (jd) (Entered: 09/17/1990)

Sept. 14, 1990

Sept. 14, 1990

373

RETURN OF SERVICE of subpoena to Sharon Scifres served 9/19/90 (jd) (Entered: 09/21/1990)

Sept. 21, 1990

Sept. 21, 1990

374

RETURN OF SERVICE of subpoena to Jeanne Elder served on 9/21/90 (jd) (Entered: 09/24/1990)

Sept. 24, 1990

Sept. 24, 1990

375

Memorandum by defendant Wayne C Heap, defendant Sandra L Robinson, defendant Melvin Meyers Jr, defendant Edwin Edwards in opposition to motion to clarify scope of trial (jd) (Entered: 09/25/1990)

Sept. 25, 1990

Sept. 25, 1990

376

RETURN OF SERVICE of subpoena to Janice Sawyer served on 9/21/90 (jd) (Entered: 09/25/1990)

Sept. 25, 1990

Sept. 25, 1990

377

Proposed findings of fact and conclusions of law by plaintiffs (jd) (Entered: 10/04/1990)

Oct. 4, 1990

Oct. 4, 1990

378

Joint motion by plaintiffs &defendants and ORDER continuing Pre−Trial Conference from 10/16/90 to 8:30 10/23/90. Pre−trial order shall be submitted by 10/19/90. by Judge A. J. McNamara (jd) (Entered: 10/12/1990)

Oct. 9, 1990

Oct. 9, 1990

379

MINUTE ENTRY: 10/9/90; Plaintiffs' motion in limine for clarification is denied. Evidentiary motions will be entertained at the usual time, trial. by Judge A. J. McNamara (jd) (Entered: 10/12/1990)

Oct. 11, 1990

Oct. 11, 1990

380

MOTION by defendant Edwin Edwards, defendant Melvin Meyers Jr, defendant Sandra L Robinson, defendant Wayne C Heap to dismiss claims of plaintiffs Section J. and Ayana N. for the reason that they lack standing ; hearing set for 11/7/90 9:15 before Judge (jd) (Entered: 10/17/1990)

Oct. 17, 1990

Oct. 17, 1990

381

MINUTE ENTRY 10/24/90: Pursuant to court's instructions at PTC; ptys are directed to file: 1) by 11/5/90 a revised PTO as stip; 2) by 11/12/90 a pre−trial memo as stip by Judge Morey L. Sear (gh) (Entered: 10/26/1990)

Oct. 26, 1990

Oct. 26, 1990

382

Response/Memo in Opposition by plaintiffs to motion by defendants Edwin Edwards, Melvin Meyers, Sandra Robinson &Wayne Heap to dismiss claims of plaintiffs Section J. and Ayana N. for the reason that they lack standing [380−1] (jd) (Entered: 10/31/1990)

Oct. 30, 1990

Oct. 30, 1990

383

Motion by defendant Edwin Edwards, defendant Melvin Meyers Jr, defendant Sandra L Robinson, defendant Wayne C Heap for exped hrg on mtn in limine and ORDER DENYING same; mtns sought to be resolved in limine (testimony of elected state judges re: pending cases) are better left for time of trial by Judge Morey L. Sear Signed 10/31/90. (jk) (Entered: 11/02/1990)

Oct. 30, 1990

Oct. 30, 1990

384

Motion by defendants Wayne C Heap, Melvin Meyers Jr, Sandra L Robinson, Edwin Edwards and ORDER to supplement same's mtn to dismiss of 10/17/90 w/Exhibit D by Judge Morey L. Sear 11/5/90 (gh) (Entered: 11/06/1990)

Nov. 2, 1990

Nov. 2, 1990

386

Letter from Harry A. Rosenberg to Steven Scheckman &Arthur A. Lemmann 11/13/90 in re: meeting to report status of settlement discussions. (jen) (Entered: 11/14/1990)

Nov. 14, 1990

Nov. 14, 1990

387

Notice of receipt of exhibits by Usry &Weeks 11/9/90. (jen) (Entered: 11/14/1990)

Nov. 14, 1990

Nov. 14, 1990

388

M.E. (11/16/90) MEMO &ORDER finding the motion to dismiss claims of plaintiffs Section J. and Ayana N. for the reason that they lack standing [380−1] mtn to dismiss complt of Sect J is Granted &complt is dismissed as moot; mtn to dismiss as to Ayana N's claim that defts' failed to provide required foster care &pre−adoptive services is Denied, w/leave to reurge this mtn. by (AJM) for Judge Morey L. Sear (jk) (Entered: 11/19/1990)

Nov. 16, 1990

Nov. 16, 1990

389

MINUTE ENTRY: (11/17/90) (REF: M.E. of 11/16/90 Doc# 388) Defts' mtn to dismiss Ayana N. is GRANTED AS TO ALL HER CLAIMS Judge Morey L. Sear (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

390

Request by plaintiff Dolly H, plaintiff Chantall F, plaintiff Saundra F, plaintiff La Donna F, plaintiff Thomas F, plaintiff Flemming G, plaintiff Windy D, plaintiff Stephanie C, plaintiff Stacy C, plaintiff Leroy E, plaintiff Kieta D, plaintiff January H, plaintiff Del A, plaintiff Chris B, plaintiff Section J, plaintiff Keithrell K, plaintiff Clinton L, plaintiff James L, plaintiff Dani M, plaintiff Ayana N, plaintiff Charlotte O, plaintiff Brendolyn A for trial subp; issd (3). (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

391

Revised PTO − Unsigned. (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

392

Proposed Findings of fact and conclusions of law by pltfs. (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

393

Objections by defendant Wayne C Heap, defendant Sandra L Robinson, defendant Melvin Meyers Jr, defendant Edwin Edwards to pltfs' exhibits. (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

394

Pltfs' Memorandum of law in support of admissibility of expert reports &dep excerpts. (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

395

Exhibit list by all defts. (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

396

Facts pltfs intend to prove thru depo testimony. (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

397

Exhibit list by all pltfs. (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

398

Defts' Pre−Trial Memorandum of Law. (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

399

Pltfs' Pretrial Memorandum of law. (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

400

RETURN OF SERVICE of trial subp to Anne St. Pierre, Sharon Worthy, Linda Amos, svd 11/19/90. (jk) (Entered: 11/19/1990)

Nov. 19, 1990

Nov. 19, 1990

403

PROCEEDING: NON−JURY TRIAL held 11/19/90. Witnesses testified. Defendant moves for directed verdict − ORDERED submitted. by Judge Morey L. Sear (jd) (Entered: 12/05/1990)

Nov. 19, 1990

Nov. 19, 1990

401

Request by defendant Wayne C Heap for trial subp; issd (2). (jk) (Entered: 11/20/1990)

Nov. 20, 1990

Nov. 20, 1990

402

Proffered testimony of Dr. Jeanne Hunzeker. (dno) (Entered: 11/27/1990)

Nov. 26, 1990

Nov. 26, 1990

404

PROCEEDING: NON−JURY TRIAL held 11/28/90 &11/29/90. Witnesses testified. Court stands at recess until 1/22/91. by Judge Morey L. Sear (jd) (Entered: 12/05/1990)

Nov. 28, 1990

Nov. 28, 1990

405

MOTION by plaintiffs Del A, Dolly H, Chantall F, Saundra F, La Donna F, Thomas F, Flemming G, Windy D, Stephanie C, Stacy C, Leroy E, Kieta D, January H, Chris B, Keithrell K, Clinton L, James L, Dani M, Charlotte O, Brendolyn A to compel production of documents ; Hearing set for 1/16/91 9:15 before Judge (jd) (Entered: 12/26/1990)

Dec. 21, 1990

Dec. 21, 1990

407

MINUTE ENTRY: 12/27/90; ORDER OF REFERENCE of plaintiffs' motion to compel production of documents to Magistrate Ronald Fonseca. by Judge Marcel Livaudais (jd) (Entered: 12/28/1990)

Dec. 28, 1990

Dec. 28, 1990

408

Motion by movant National Association Social Workers and ORDER withdrawing atty Harry Rosenberg and substituting attorney M. Nan Alessandra for same. by Judge A. J. McNamara Date signed 1/2/91 (dno) (Entered: 01/03/1991)

Dec. 31, 1990

Dec. 31, 1990

409

Motion by defendants' Wayne C Heap, Sandra L Robinson, Melvin Meyers Jr &Edwin Edwards and Unsigned ORDER to extend recess. (dno) (Entered: 01/03/1991)

Jan. 3, 1991

Jan. 3, 1991

410

Transcript of proceedings held 11/19/90 before Judge Sear. (dno) (Entered: 01/08/1991)

Jan. 4, 1991

Jan. 4, 1991

411

Transcript of proceedings held 11/20/90 before Judge Sear. (dno) (Entered: 01/08/1991)

Jan. 4, 1991

Jan. 4, 1991

412

Transcript of proceedings held 11/27/90 before Judge Sear. (dno) (Entered: 01/08/1991)

Jan. 4, 1991

Jan. 4, 1991

413

Memo in Opposition by defendants Wayne C Heap, Sandra L Robinson, Melvin Meyers Jr, Edwin Edwards to plaintiffs' motion to compel production of documents [405−1] (jd) Modified on 01/09/1991 (Entered: 01/09/1991)

Jan. 8, 1991

Jan. 8, 1991

414

Supplemental Motion by defendants' Edwin Edwards, Sandra L Robinson, Wayne Heap &Melvin Meyers Jr and ORDER that the Non−jury Trial of this matter shall resume at 8:30 3/25/91. by Morey Sear Date signed 1/9/91 (dno) Modified on 01/11/1991 (Entered: 01/10/1991)

Jan. 10, 1991

Jan. 10, 1991

415

MINUTE ENTRY: (1/16/91) granting pltfs' motion to compel production of documents [405−1] by defts in part; on or bfr 2/15/91 defts to prod docs as stip herein by Magistrate Ronald Fonseca (jk) (Entered: 01/17/1991)

Jan. 16, 1991

Jan. 16, 1991

416

MOTION by defendants Edwin Edwards, Melvin Meyers, Sandra Robinson and Wayne Heap for review of Mag's Order of 1/16/91 partially granting pltf's mtn to compel prod of docs ; hrg set 2/13/91 at 9:15 a.m. bfr judge (gh) Modified on 07/16/1991 (Entered: 01/25/1991)

Jan. 25, 1991

Jan. 25, 1991

417

Response in opposition by ALL PLTFS to motion by defts for review of Mag's Order of 1/16/91 partially granting pltf's mtn to compel prod of [416−1] (gh) (Entered: 02/05/1991)

Feb. 5, 1991

Feb. 5, 1991

418

MINUTE ENTRY( 2/21/91): ORDER that the deft Charles Roemer's motion for review of Mag's Order of 1/16/91 partially granting pltf's mtn to compel prod of docs [416−1] is submitted until the close of defts' case in chief; parties shall file memo of law and fact w/in one week thereafter, citing w/specificity to the testimony at trial, whether the docs requested are admissable on rebuttal as stip, by Judge Morey L. Sear (rg) Modified on 02/27/1991 (Entered: 02/27/1991)

Feb. 26, 1991

Feb. 26, 1991

419

ORDER that exhibits listed be released to custody of Mary Beck Widmann who is hereby designated as custodian of said exhibits. Custodian shall return exhibits to court upon request. by Judge Morey L. Sear Date signed: 3/26/91. (ctp) (Entered: 04/01/1991)

April 1, 1991

April 1, 1991

420

Transcript of proceedings held on 3/26/91 bfr Judge. (ctp) (Entered: 04/03/1991)

April 2, 1991

April 2, 1991

422

Pltf's Offer of Proof; Systemic Evidence (gh) (Entered: 04/05/1991)

April 4, 1991

April 4, 1991

423

Pltf's Offer of Proof: Testimony of Dr. George C. Sterne (gh) (Entered: 04/05/1991)

April 4, 1991

April 4, 1991

421

PROCEEDING 3/26/91: Non−jury Trial RESUMES from 11/28/90 ; witnesses sworn &testify, court establishes time limits on brief schedule as to rebuttal evidence trial ended; matter submitted by Judge Morey L. Sear (gh) (Entered:

April 5, 1991

April 5, 1991

425

Memorandum by defts Wayne C Heap, Sandra L Robinson, Melvin Meyers Jr, Edwin Edwards in response to pltfs memorandum of law to discover &present rebuttal evidence. [424−1] (ps) (Entered: 04/16/1991)

April 15, 1991

April 15, 1991

426

Motion by all pltfs to supple 4/11/91 memo to discover &present rebuttal evidence w/inc memo and ORDER DENYING same; no need for entire opinion to be entered into record by Judge A. J. McNamara Date Signed 7/9/91 (jk) (Entered: 07/09/1991)

May 21, 1991

May 21, 1991

427

MINUTE ENTRY (7/10/91): The court has decided that plaintiffs are not entitled to present their proffered rebuttal case. Motion by defendants Edwin Edwards, Melvin Meyers, Sandra Robinson &Wayne Heap for review of Mag's Order of 1/16/91 partially granting pltf's mtn to compel prod of docs [416−1] is granted. Reasons will be assigned when findings of fact and conclusions of law are made. by Judge Martin L. Feldman (jd) (Entered: 07/16/1991)

July 16, 1991

July 16, 1991

428

Defts' Post−trial Memorandum by defendant Wayne C Heap, defendant Sandra L Robinson, defendant Melvin Meyers Jr, defendant Edwin Edwards (jk) (Entered: 07/31/1991)

July 31, 1991

July 31, 1991

429

Appendix to BRIEF FILED by plaintiff Dolly H, plaintiff Chantall F, plaintiff Saundra F, plaintiff La Donna F, plaintiff Thomas F, plaintiff Flemming G, plaintiff Windy D, plaintiff Stephanie C, plaintiff Stacy C, plaintiff Leroy E, plaintiff Kieta D, plaintiff January H, plaintiff Del A, plaintiff Chris B, plaintiff Section J, plaintiff Keithrell K, plaintiff Clinton L, plaintiff James L, plaintiff Dani M, plaintiff Ayana N, plaintiff Charlotte O, plaintiff Brendolyn A (jk) (Entered: 07/31/1991)

July 31, 1991

July 31, 1991

430

Pltfs' Post−trial BRIEF FILED (jk) (Entered: 07/31/1991)

July 31, 1991

July 31, 1991

431

MINUTE ENTRY (10/18/91): MEMO &ORDER granting motion by defts for review of Mag's Order of 1/16/91 partially granting pltf's mtn to compel prod of docs [416−1]. ORDERED that there be judg in favor of defts &agst pltfs dismissing all pltfs' claims at their cost w/ prej . by Judge Morey L. Sear (kc) (Entered: 10/21/1991)

Oct. 21, 1991

Oct. 21, 1991

432

JUDGMENT: it is ORDERED that there be judg in favor of defts Edwin Edwards, Melvin Meyers, Jr., Sandra L. Robinson, and Wayne C. Heap and against pltfs Del A by his next friend Nat Lacour, Brendolyn A by her next friend Dr. Stephen Hales, Chris B by his next friend Maureen O'Connell, Kieta D by her next friend Dean Thomas Sponsler, Leroy E by his next friend Dr. Viola King, Stacy C by her next friend Rabbi Muuray Blackman, Stephanie C, Windy D by her next friend Dr. George Sterne, Chantall F, Saundra F, La Donna F, Thomas F by his next friend Michel Mielke, Flemming G by his next friend Phyllis Lefeaux, January H by Lieutenant Bruce Temple and Det. Colleen Temple, Dolly H by lieutenant Bruce Temple and Det. C. Temple Section J by his next friend Dr. George Sterne Keithrell K by her next friend Dr. George Sterne, Clinton L by his next friend Dr. Stephen Hales, James L by his next friend Anna Edelman, Ayana N by her next friend Dr. Viola King and Charlotte O by her next friend Phyllis Lefeaux, MSW, dismissing pltf's complt w/prej ; by Clerk approved as to form: Judge Morey L. Sear (signed: 10/23/91)******CASE CLOSED****** (rg) (Entered: 10/25/1991)

Oct. 25, 1991

Oct. 25, 1991

433

Notice of appeal by plaintiff Dolly H, plaintiff Chantall F, plaintiff Saundra F, plaintiff La Donna F, plaintiff Thomas F, plaintiff Flemming G, plaintiff Windy D, plaintiff Stephanie C, plaintiff Stacy C, plaintiff Leroy E, plaintiff Kieta D, plaintiff January H, plaintiff Del A, plaintiff Chris B, plaintiff Section J, plaintiff Keithrell K, plaintiff Clinton L, plaintiff James L, plaintiff Dani M, plaintiff Ayana N, plaintiff Charlotte O, plaintiff Brendolyn A from entrie final judgment entered on 10/25/91. (kc) (Entered: 11/06/1991)

Nov. 5, 1991

Nov. 5, 1991

Case Details

State / Territory: Louisiana

Case Type(s):

Child Welfare

Key Dates

Filing Date: Feb. 25, 1986

Closing Date: 1991

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Fifteen foster children on behalf of a putative class of all children who are or will be placed in foster care in Louisiana.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

Children's Rights, Inc.

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Unknown

Defendants

Louisiana Department of Health and Human Resources (Baton Rouge, East Baton Rouge), State

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.

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

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 0

Issues

General:

Classification / placement

Failure to supervise

Family abuse and neglect

Foster care (benefits, training)

Individualized planning

Juveniles

Pattern or Practice

Record-keeping

Staff (number, training, qualifications, wages)

Medical/Mental Health:

Dental care

Medical care, general

Benefit Source:

Adoption Assistance and Child Welfare Act