L.J. BY AND THROUGH DARR v. MASSINGA

No. 87-2156.

838 F.2d 118 (1988)

L.J., An Infant, By and Through His Next Friend, Lydia Kaye DARR and; O.S., An Infant, By and Through Her Next Friend, Jackie Garner and; M.S., An Infant, By and Through Her Next Friend, Susan Leviton and; C.S., An Infant, By and Through Her Next Friend, Susan Leviton and; P.G., An Infant, By and Through Her Next Friend, Margaret Evans on Their Behalf and On Behalf of All Others Similarly Situated; R.K.; S.J., Plaintiffs-Appellees, v. Ruth W. MASSINGA, Individually and as Secretary of the Maryland Department of Human Resources; and; Frank Farrow, Individually and as Executive Director of the Maryland Social Services Administration; and; Joy Duva, Individually and as Director of the Office of Child Welfare Services, Maryland Social Services Administration; and; Bud Nocar, Individually and as Acting Program Manager Foster Care Services of the Maryland Social Services Administration; and; Alma Randall, Individually and as Program Manager for 24-Hour Group Care and Licensing of the Maryland Social Services Administration; and; Baltimore City Department of Social Services; and; George Musgrove, Individually and as Director of the Baltimore City Department of Social Services; and; Michael Warner-Burke, Individually and as Chief of Protective Services for the Baltimore City Department of Social Services; and; Cheryl Gibson, Individually and as Caseworker for the Baltimore City Department of Social Services; and; Bridgette Thomas, Individually and as Caseworker for the Baltimore City Department of Social Services; and; Marylyn Holcombe, Individually and as Caseworker for the Baltimore City Department of Social Services; and; Delores Cooper, Individually and as Caseworker Supervisor of the Baltimore City Department of Social Services; and; Gail Fulton, Individually and a Caseworker for the Baltimore City Department of Social Services; and; Elvia Dewatkins, Individually and as Caseworker for the Baltimore City Department of Social Services; and; Dawn Zinkand, Individually and as Caseworker of the Baltimore City Department of Social Services; and; Jerilyn Simmons, Individually and as Caseworker for the Baltimore City Department of Social Services; and; Anthony Baird, Individually and as Caseworker for the Baltimore City Department of Social Services; and Susan Lieman, Individually and as Caseworker Supervisor for the Baltimore City Department of Social Services; and; Allen Collins, Individually and as Caseworker for the Baltimore City Department of Social Services; and; Susan Zuravin, Individually and as Caseworker for the Baltimore City Department of Social Services; and; Emma Graves, Individually and as Caseworker for the Baltimore City Department of Social Services; and; John Roes 1 Through 12, Individually and as Caseworkers for the Baltimore City Department of Social Services, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided February 1, 1988.


Attorney(s) appearing for the Case

Judson Paul Garrett, Jr., Deputy Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Ralph S. Tyler, Asst. Atty. Gen., on brief), for defendants-appellants.

William Lee Grimm (Ethel Zelenske, Legal Aid Bureau, Inc., on brief), Ward Baldwin Coe, III (Nevett Steele, Jr., Whiteford, Taylor & Preston, Carol R. Golubock, Children's Defense Fund, on brief), for plaintiffs-appellees.

Before WINTER, Chief Judge, RUSSELL and MURNAGHAN, Circuit Judges.


HARRISON L. WINTER, Chief Judge:

Plaintiffs, present or former foster children in the custody of the Baltimore City Department of Social Services, sued twenty-one state and city officials, caseworkers and supervisors who played a role in administering Maryland's federally-funded foster care program in Baltimore City. They alleged that, as a result of defendants' maladministration of the program, they were victims of physical and sexual abuse as well as medical neglect...

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