HERNANDEZ v. TEXAS DEPT. OF PROT. AND REG. SERV.

No. 02-11362.

380 F.3d 872 (2004)

Nicolas HERNANDEZ, on behalf of Eric HERNANDEZ, Individually; Juana Olalde, on behalf of Eric Hernandez, Individually, Plaintiffs-Appellees, v. TEXAS DEPARTMENT OF PROTECTIVE AND REGULATORY SERVICES; et al., Defendants, Lois Lilly; Diane Purdin, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

August 25, 2004.


Attorney(s) appearing for the Case

Paul Gary Belew (argued), Belew & Belew, Fort Worth, TX, for Plaintiffs-Appellees.

Peter B. Plotts, III, Asst. Atty. Gen. (argued), Austin, TX, for Defendants-Appellants.

Before DAVIS, WIENER, and STEWART, Circuit Judges.


CARL E. STEWART, Circuit Judge:

This case involves a foster care placement that tragically ended in the death of a minor, Eric Hernandez ("Eric"), while he was in the custody of a state licensed foster family. The natural parents, Nicholas Hernandez and Juana Olalde (collectively, "the natural parents"), brought this action against former and current employees of the Child Protective Services ("CPS" or "the agency"), an arm of the Texas Department of Protective and...

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