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JOSEPH A. v. DEPT. OF HUMAN SERVICES

Nos. 92-2267, 93-2091, 93-2178 and 93-2190.

28 F.3d 1056 (1994)

JOSEPH A. and Josephine A., by their next friend, Corrine WOLFE; Michael B., by his next friend, Dr. Lucy Gale McMurray; Michelle C., by her next friends, La Donna Harris and Dr. Lucy Gale McMurray; Joel D., by his next friend, Dr. Lucy Gale McMurray; Susan E. and Donald E., by their next friend, Barbara Burns, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. NEW MEXICO DEPARTMENT OF HUMAN SERVICES; Lawrence B. Ingram, individually and as Secretary of the New Mexico Department of Human Services; Margaret Larragoite, individually and as Director of the Social Services Division of the New Mexico Department of Human Services; Darold Christiansen, individually and as Director of the Bernalillo County Social Services Division of the Department of Human Services; Janet Bryan, individually and as Director of the Santa Fe County Social Services Division of the Department of Human Services, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

June 30, 1994.

Attorney(s) appearing for the Case

Marcia Robinson Lowry, Anne W. Murdaugh, Christopher Dunn, Children's Rights Project, American Civil Liberties Union, New York City, Robert Levy of Levy & Geer, Albuquerque, NM, for plaintiffs-appellees.

Tom Udall, Atty. Gen., NM, Robert Tabor Booms, Robyn Hoffman, and Nancy Alma Taylor, Asst. Attys. Gen., Santa Fe, NM, Steven Douglas Looney of Crider, Calvert & Bingham, P.C., Albuquerque, NM, for defendants-appellants.

Before MOORE and KELLY, Circuit Judges, and BRIMMER, District Judge.

PAUL KELLY, Jr., Circuit Judge.

These cases require us to determine whether the district court properly awarded attorneys' fees to plaintiffs for their efforts in monitoring a consent decree.1 Because we are unable to determine from the record whether the district court considered the necessity of the work performed and the reasonableness of the fees, we remand for further proceedings.

No. 92-2267

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