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JORDAN BY JORDAN v. JACKSON

No. 93-1656.

15 F.3d 333 (1994)

Christopher JORDAN, by his parents and next friends, Philip and Betty Sue JORDAN, individually and on behalf of all others similarly situated; Betty Sue Jordan, individually and on behalf of all others similarly situated; Philip Jordan, individually and on behalf of all others similarly situated; Sarah Jordan, by her parents and next friends, Philip and Betty Sue Jordan, individually and on behalf of all others similarly situated; Amber Jordan, by her parents and next friends, Philip and Betty Sue Jordan, individually and on behalf of all others similarly situated, Plaintiff-Appellants, v. Larry D. JACKSON, in his official capacity as Commissioner of the Virginia Department of Social Services; Rita L. Katzman, in her official capacity as Manager of the Child Protective Services Program of the Virginia Department of Social Services; Prince William County; Prince William County Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided January 31, 1994.

Attorney(s) appearing for the Case

ARGUED: Stephen Winston Bricker, Stephen W. Bricker & Associates, P.C., Richmond, VA, for Appellants. Donald G. Powers, Office of the Attorney General of Virginia, Verona, VA; Sharon E. Pandak, County Atty., County Attorney's Office, Prince William, VA, for Appellees.

ON BRIEF: Victor M. Glasberg, Jeanne Goldberg, Victor Glasberg & Associates, Alexandria, VA; Stephen B. Pershing, Legal Director, American Civil Liberties Union Foundation of Virginia, Richmond, VA, for Appellants. Jane D. Hickey, Craig M. Burshem, Office of the Attorney General of Virginia, Richmond, VA, for Appellees.

Before WILKINSON and LUTTIG, Circuit Judges, and MICHAEL, United States District Judge for the Western District of Virginia, sitting by designation.

OPINION

LUTTIG, Circuit Judge:

We address in this appeal the awesome and, regrettably, sometimes necessary, power of the state to take custody of children from their parents in order to protect the children from irreparable injury or death. We confront herein allegations against the state in connection with its exercise of that power that, if true, are disturbing, and that we hope are exceptional. As always...

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