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CHRISSY F. BY MEDLEY v. MISSISSIPPI DPW

No. J88-0340(B).

780 F.Supp. 1104 (1991)

CHRISSY F., by Her Next Friend and Guardian Ad Litem, Donna MEDLEY, Plaintiff, v. MISSISSIPPI DEPARTMENT OF PUBLIC WELFARE, Thomas H. Brittian, Jr., Individually and as Commissioner of the Mississippi Department of Public Welfare, Sebe Dale, Jr., Individually and as Chancellor for the Tenth Chancery Court District of Mississippi, Garland Upton, Individually and as Referee of the Marion County Youth Court, Richard L. Douglas, Individually and as District Attorney for Marion County, Mississippi, Marion County Welfare Department, Hancock County Welfare Department, Jeanette Werbey, as Supervisor of Hancock County Welfare Department, Angela Lacy, Individually and as Caseworker for Marion County Welfare Department, Phillip Broadhead, Fred Cooper, Timothy Charles Foxworth, Sharon Whitt, Individually and as Supervisor of Marion County Welfare Department, and Lamar Braxton, Carol Burger, Carole Haney, R.D. Harris, William Reed, Katherin Shepard, and Jessie Weeks, in their official capacities as members of the State Board of Public Welfare, Defendants.

United States District Court, S.D. Mississippi, Jackson Division.

December 6, 1991.

Attorney(s) appearing for the Case

Daniel S. Mason, Christopher T. Michelletti, Furth Fahrner & Mason, San Francisco, Cal., for plaintiffs.

Sheila Brogna, Children's Law Offices, San Francisco, Cal., for plaintiff.

James F. Steele, Robert G. Jenkins, Office of Atty. Gen., Jackson, Miss., for State defendants.

Thomas D. McNeese, Aultman Tyner McNeese Ruffin, Ltd., Columbia, Miss., for R. Douglass.

Larry O. Norris, P.A., Hattiesburg, Miss., for Timothy C. Foxworth.


                     TABLE OF CONTENTS

I.    FACTS AND PROCEDURAL HISTORY ................................................ 1108
II.   CONCLUSIONS OF LAW .......................................................... 1115
      A. Elements of a Section 1983 Action ........................................ 1115
      B. Substantive Due Process Claims ........................................... 1117
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