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JUAN F. BY AND THROUGH LYNCH v. WEICKER

No. 822, Docket 93-7714.

37 F.3d 874 (1994)

JUAN F., By and Through his next friends Brian LYNCH and Isabel Romero, on behalf of themselves and all others similarly situated; Becky M., by next friends Barry Kasdan and Edythe Latney; Jason B., by friends George Pipkin and John Leventhal; Anna R., by friends Cesar Batalla and Julia Ramos Grenier; Dominique S., by friends Nancy Humphreys and Margaret Penn; Patrick S., by friends Jerry Reisman and Julia Hamilton; Daniel C., by friends Patrick Bologna and Cynthia McKenna; Florence J., by friends Michael Rohde and Judith Hyde, Plaintiffs-Appellees, v. Lowell P. WEICKER, Jr., Governor of the State of Connecticut; Rose Alma Senatore, Commissioner, State of Connecticut Department of Children and Youth Services, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 13, 1994.

Attorney(s) appearing for the Case

Susan Pearlman, Asst. Atty. Gen. for State of Conn. (Richard Blumenthal, Atty. Gen., James P. Welsh, Asst. Atty. Gen., of counsel), for defendants-appellants.

Martha Stone, Hartford CT, Conn. Civ. Liberties Union Foundation, for plaintiffs-appellees.

Before KEARSE and PRATT, Circuit Judges, and WARD, District Judge of the United States District Court for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

BACKGROUND

This class action was commenced under 42 U.S.C. § 1983 in the United States District Court for the District of Connecticut in December 1989. Plaintiffs are neglected or abandoned Connecticut children. Defendants are Connecticut's Governor and its Commissioner of the Department of Children and Families ("DCF"). Plaintiffs claimed that the structure and administration of Connecticut's child-welfare system violated...

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