BABY NEAL FOR AND BY KANTER v. CASEY

No. 94-1381.

43 F.3d 48 (1994)

BABY NEAL, for and by his next friend, Nancy KANTER; Kareem and Kent H, for and by their next friend, John Peirce; William and Joseph H, for and by their next friend, Father, Roberto Maldonado; Marcella B, for and by her next friend, Frank Cervone; Sherry G, for and by her next friend, Joan Atlas; John, Jean, Jacob, and Jeffrey W, for and by their next friend, William Sweeney; Alicia P, for and by her next friend, Sara Nerken; Manuel I, for and by his next friend, Frank Cervone; Tamara and Carl I, for and by their next friend, Frank Cervone; Jane L, for and by her next friend, Anna Schmidt; Jamie B; Ivy V; Amelia V; Tara M; Evan M; Ellie C; John B; Chuck L; Larry P; Sheris C; Kyle S; Todd McL; Jay I; Max C; Plaintiffs-Intervenors, v. Robert P. CASEY, in his official capacity as Governor of Commonwealth of Pennsylvania; Karen F. Snider, in her official capacity as Secretary of the Department of Public Welfare for the Commonwealth of Pennsylvania; W. Wilson Goode, in his official capacity as Mayor of the City of Philadelphia; Joan M. Reeves, in her official capacity as Commissioner of the Department of Human Services of the City of Philadelphia; Maxine Tucker, in her official capacity as Interim Deputy Commissioner of the Children and Youth Division of the Philadelphia Department of Human Services; Edward J. Blake, in his official capacity as President Judge of the Philadelphia Court of Common Pleas; Baby Neal, by and through his next friend, Nancy Kanter; Marcella B, by and through her next friend, Frank Cervone; Sherry G, by and through her next friend, Joan Atlas; John, Jean, Jacob, and Jeffrey W, by and through their next friend, William Sweeney; Alicia P, by and through her next friend, Sara Nerken; Tamara, Carl, and Manuel I, by and through their next friend, Frank Cervone; Jane L, by and through her next friend, Anna Schmidt; Jamie B, by and through his next friend, Claire Rosenstein; Ivy, Amelia, and Jay V, by and through their next friend, Susan Bergin; Tara M, by and through her next friend, Nancy Kanter; Evan M and Ellie C, by and through their next friend, Najma Davis; John B, by and through his next friend, Anita Wirzberger; Chuck L, by and through his next friend, Sara Nerken; Max C, by and through his next friend, Nancy Kanter; Larry P, by and through his next friend, Nancy Kanter; Sheris C, by and through his next friend, William W. Norvell, III; Kyle S, by and through his next friend, Sara Nerken; and Todd McL, by and through his next friend, Nancy Kanter, Appellants.

United States Court of Appeals, Third Circuit.

Decided December 15, 1994.


Attorney(s) appearing for the Case

Robin L. Dalhberg (argued), Marcia Robinson Lowry, A.C.L.U., Children's Rights Project, New York City, Lawrence J. Fox, Mary E. Kohart, E. Graham Robb, Paul H. Saint-Antoine, Drinker Biddle & Reath, Stefan Presser, A.C.L.U. of Pennsylvania, Philadelphia, PA, for appellants.

Dana B. Klinges (argued), Jerome J. Shestack, Michele K. Cabot, Wolf, Block, Schorr & Solis-Cohen, Philadelphia, PA, John A. Kane, Chief Counsel, Doris M. Leisch, Asst. Counsel, Dept. of Public Welfare, Harrisburg, PA, for appellees Robert P. Casey and Karen Snider.

Michael F. Eichert, Office of the City Solicitor, Philadelphia, PA, for appellees W. Wilson Goode, Joan M. Reeves, and Maxine Tucker.

A. Taylor Williams, Philadelphia, PA, for appellee Edward J. Blake.

Martha Matthews, San Francisco, CA, for amicus curiae National Center for Youth Law.

Robert G. Schwartz, Jacqueline L. Duby, Philadelphia, PA, for amici curae Juvenile Law Center Philadelphia Citizens for Children and Youth.

Before: BECKER, COWEN, and GARTH, Circuit Judges.


OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal from orders of the district court for the Eastern District of Pennsylvania requires that we decide whether the court abused its discretion in denying class certification pursuant to FED.R.CIV.P. 23(b)(2) to a putative class of children in the legal care and custody of Philadelphia's Department of Human Services ("DHS"), who sought declaratory and injunctive relief against the officials responsible for...

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