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JEFF D. v. KEMPTHORNE

No. 00-35948.

365 F.3d 844 (2004)

JEFF D., John M., Paula E., Dusty R., minors individually and on behalf of the class they represent by and through their friend Charles Johnson, Plaintiffs-Appellees, v. Dirk KEMPTHORNE, individually and in his official capacity as Governor of the State of Idaho; Marilyn Howard, individually and in her official capacity as State Superintendent of Public Instruction of the Idaho State Department of Education; Karl Kurtz, individually and in his official capacity as Director of the Idaho Department of Health and Welfare; George Bachik, William G. Gruzenski, individually and in their official capacities as Directors of State Hospital South, and their successors, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed April 23, 2004.

Attorney(s) appearing for the Case

Jody P. Carpenter, Deputy Attorney General, Boise, ID, for the defendants-appellants.

Howard A. Belodoff, Belodoff Law Office, Boise, ID, for the plaintiffs-appellees.

Before BROWNING, B. FLETCHER, and GOULD, Circuit Judges.

BETTY B. FLETCHER, Circuit Judge.

For over two decades, the district court has overseen a series of consent decrees entered into by appellants, the Governor of Idaho and other state officials, to remedy alleged constitutional and statutory violations in the provision of services to a class of more than 2,000 indigent Idaho children who suffer from severe emotional and mental disabilities. At this stage of the litigation, the state officials invoke Eleventh Amendment...

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