ASW v. OREGON

No. 03-35950.

424 F.3d 970 (2005)

ASW, Individually and as Guardian ad litem for MSW and OSW, minors; SSW; ALC, Individually and as Guardian ad litem for SRC and JSC, minors; JKC; JSS, Individually and as Guardian ad litem for BKS, a minor; SDS; CEW, Plaintiffs-Appellants, v. State of OREGON, by and through its Department of Human Services; Jean I. Thorne, in her official capacity as Director, Oregon Department of Human Services, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 13, 2005.


Attorney(s) appearing for the Case

Maria F. Ramiu (argued) and Alice Bussiere, Youth Law Center, San Francisco, CA, and Arthur C. Johnson and Dennis M. Gerl, Johnson, Clifton, Larson & Corson, PC, Eugene, OR, for the plaintiffs-appellants.

Hardy Myers, Attorney General, Mary H. Williams, Solicitor General and David E. Leith, Assistant Attorney General (argued), State of Oregon, Salem, OR, for the defendants-appellees.

Before HUG, TASHIMA, and CLIFTON, Circuit Judges.


CLIFTON, Circuit Judge.

Plaintiffs are parents of adopted children with special needs1 who receive adoption assistance payments from the State of Oregon. They appeal the district court's dismissal of their class action lawsuit under 42 U.S.C. § 1983, which alleged several violations of their statutory rights under the Adoption Assistance and Child Welfare Act of 1980, 42 U.S.C. §§...

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