CONNOR B. EX REL. VIGURS v. PATRICK

No. 13-2467.

774 F.3d 45 (2014)

CONNOR B., by his next friend Rochelle VIGURS; Adam S., by his next friend Denise Sullivan; Camila R., by her next friend Bryan Clauson; Andre S., by his next friend Julia Pearson; Seth T., by his next friend Susan Kramer; and Rakeem D., by his next friend Bryan Clauson, for themselves and those similarly situated, Plaintiffs, Appellants, v. Deval L. PATRICK, in his capacity as Governor of the Commonwealth of Massachusetts; John Polanowicz, in his capacity as Secretary of the Massachusetts Executive Office of Health and Human Services; and Erin Deveney, in her capacity as Interim Commissioner of the Massachusetts Department of Children and Families, Defendants, Appellees.

United States Court of Appeals, First Circuit.

December 15, 2014.


Attorney(s) appearing for the Case

Sara M. Bartosz , with whom Marcia Robinson Lowry , Rachel B. Nili , Sarah T. Russo , Children's Rights, Mary K. Ryan , Daniel J. Gleason , Jonathan D. Persky , and Nutter McClennen & Fish, LLP were on brief, for appellants.

Liza J. Tran , Assistant Attorney General, with whom Martha Coakley , Attorney General of Massachusetts, was on brief, for appellees.

Andrew C. Glass , Stacey L. Gorman , and K & L Gates LLP, on brief for Center for Public Representation, Juvenile Law Center, Massachusetts Juvenile Bar Association, National Center for Youth Law, and Youth Law Center, as amici curiae in support of plaintiffs-appellants.

Before LYNCH, Chief Judge, SELYA and KAYATTA, Circuit Judges.


There is a common understanding in this case, shared by both the Commonwealth of Massachusetts and the plaintiffs, that the Massachusetts Department of Children and Families' (DCF) administration of the foster care system has flaws and is in need of improvement. In some instances, these flaws have led to horrific and heartbreaking...

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