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SHEAN BY AND THROUGH SHEAN v. WHITE

No. CA-3-85-1375-F.

620 F.Supp. 1329 (1985)

Tiffany and Daryl SHEAN By and Through their parents and next friend, Terry and Marlene SHEAN, and Terry and Marlene Shean, Plaintiffs, v. Mark WHITE, Governor of the State of Texas, and Marlin Johnston, Commissioner of the Texas Department of Human Resources, State of Texas, and Jim Mattox, Attorney General of the State of Texas, and Mamie Ewing, Regional Administrator for the Texas Department of Human Resources, and Sara Ham, Supervisor for the Texas Department of Human Resources, and Mary Naylor, Caseworker for the Texas Department of Human Resources, and Carol Gardner, Supervisor for the Texas Department of Human Resources, and Denise Lave, Caseworker for the Texas Department of Human Resources, and Donna Gorosky, Supervisor for the Texas Department of Human Resources, and Janet Erickson, Supervisor for the Texas Department of Human Resources, State of Texas, and Connie Weedman, Caseworker for the Texas Department of Human Resources, State of Texas, and Craig Penfold, District Judge of Dallas County, State of Texas, and John McCraw, District Judge of Collin County, State of Texas.

United States District Court, N.D. Texas, Dallas Division.

October 25, 1985.

Attorney(s) appearing for the Case

Jim Mattox, Atty. Gen. of Texas, David R. Richards, Executive Asst. Atty. Gen., J. Patrick Wiseman, Chief, State & County Div., Edwin N. Horne, Jerry L. Benedict, Asst. Attys. Gen., Austin, Tex., for petitioner.

Terry & Marlene Shean pro se.

MEMORANDUM ORDER

ROBERT W. PORTER, District Judge.

Pending before the Court is Defendants' motion to dismiss, which asserts the following bases for dismissal of Plaintiffs' complaint: lack of subject matter jurisdiction, applicability of various defenses of immunity, failure to state a claim upon which relief may be granted, lack of appellate jurisdiction over state court decisions and application of the doctrine of abstention. Plaintiffs' complaint alleges...

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