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TAYLOR BY AND THROUGH WALKER v. LEDBETTER

No. 85-8354.

818 F.2d 791 (1987)

Kathy Jo TAYLOR, A Minor, By and Through David S. WALKER, Jr., Attorney at Law as Guardian ad Litem, Plaintiff-Appellant, v. James G. LEDBETTER, PH.D., et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

June 9, 1987.

Attorney(s) appearing for the Case

Don C. Keenan, David S. Bills, Atlanta, Ga., for plaintiff-appellant.

David C. Will, Asst. Atty. Gen., Atlanta, Ga., for defendants-appellees.

Before RONEY, Chief Judge, GODBOLD, TJOFLAT, HILL, FAY, VANCE, KRAVITCH, JOHNSON, HATCHETT, ANDERSON, and CLARK, Circuit Judges.

HATCHETT, Circuit Judge:

We took this case en banc to determine whether and under what circumstances, if any, a child involuntarily placed in a foster home may successfully bring an action in federal court against the state officials involved in the placement, for injuries sustained while in the foster home. Finding that a child may successfully bring such an action, we affirm in part and reverse in part.

Facts

In 1982, pursuant to an order of the...

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