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YVONNE L. v. NEW MEXICO DEPT. OF HUMAN SERVICES

No. 90-2196.

959 F.2d 883 (1992)

YVONNE L., a minor; Demond L., a minor, By and Through their guardian ad litem and next friend, Kemp LEWIS, Plaintiffs-Appellants, v. NEW MEXICO DEPARTMENT OF HUMAN SERVICES; Juan R. Vigil, individually and as former Secretary of the New Mexico Department of Human Services; Thomas Kerley, individually and as Director of the San Juan County Social Services Division of the New Mexico Department of Human Services; Judy Stolz, individually and as Social Worker for the San Juan Social Services Division of the New Mexico Department of Human Services; John Doe; Jane Doe, unknown employees of Child Haven, Inc.; John Doe, II; James Doe, II, unknown employees of the New Mexico Department of Human Services, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

March 24, 1992.

Attorney(s) appearing for the Case

Christopher T. Dunn, Children's Rights Project, American Civil Liberties Union, New York City (Ann Yalman, Susan Schaefer McDevitt, Santa Fe, N.M., and Frederick Moeller, Durango, Colo., on the briefs), for plaintiffs-appellants.

Paula G. Maynes (John B. Pound with her on the briefs), of Montgomery & Andrews, Santa Fe, N.M., for defendants-appellees.

Christopher T. Dunn and Marcia Robinson Lowry, New York City, filed an amicus curiae brief on behalf of the American Civil Liberties Union Children's Rights Project.

Before LOGAN, SEYMOUR and MOORE, Circuit Judges.

LOGAN, Circuit Judge.

Plaintiffs, Yvonne L. and Demond L., by and through their guardian ad litem, Kemp Lewis, appeal from the district court's grant of summary judgment against them in this 42 U.S.C. § 1983 case. On appeal, we must determine (1) whether an individual right of action exists to recover money damages in a § 1983 action for violations of § 101(a)(10) of the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. § 671(a)(10)...

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