JOSEPH A. EX REL. WOLFE v. INGRAM

No. 00-2136.

262 F.3d 1113 (2001)

JOSEPH A., by next friend Corrine WOLFE; Josephine A., by next friend Corrine Wolfe; Michael B., by next friend Lucy Gale McMurray; Michelle C., by next friend La Donna Harris and Lucy Gale McMurray; Joel D., by next friend Lucy Gale McMurray; Susan E., by next friend Barbara Burns; Donald E., by next friend Barbara Burns, Plaintiffs-Appellants, v. Lawrence B. INGRAM, Margaret Larrogoite, Darold Christiansen, and Janet Bryan, in their individual capacities, Nora Buchanon, in her official capacity as County Office Manager of the Bernalillo County office of the Children Youth & Families Department, Deborah Hartz, in her official capacity as Director of the Protective Services Division of the Children, Youth & Families Department, Heather Wilson, in her official capacity as secretary of the Children, Youth & Families Department, Linda S. Garcia, in her official capacity as the County Office Manager of the Santa Fe County office of the Children, Youth & Families Department, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

August 22, 2001.


Attorney(s) appearing for the Case

Rose E. Firestein of Children's Rights, Inc., New York, New York, Marcia Robinson Lowry, of Children's Rights, Inc., New York, New York, and Robert Levy of Greer, Wissel & Levy, P.A., Albuquerque, NM, for Plaintiffs-Appellants.

Timothy V. Flynn O'Brien of Bryan & Flynn O'Brien, Albuquerque, New Mexico and John H. Clough, Assistant Attorney General, New Mexico Attorney General's Office, Albuquerque, New Mexico, for Defendants-Appellees.

Before EBEL, Circuit Judge, McWILLIAMS, Senior Circuit Judge, and BRIMMER, District Judge.


EBEL, Circuit Judge.

This civil rights class action reaches this court for the second time after more than twenty years of litigation and seventeen years of federal court oversight of New Mexico's Department of Human Services and its successor, the New Mexico Children, Youth and Families Department (collectively "the Department"). Appellants brought suit in 1980 alleging that a variety of systemic problems within the Department led to failures to make timely decisions...

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