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MILLER v. NICHOLS

No. 09-1174.

586 F.3d 53 (2009)

Janeen MILLER; James Mahood, Plaintiffs, Appellants, v. Kristen NICHOLS; Brenda Harvey, in her capacity as Commissioner of the Maine Department of Health and Human Services, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided November 4, 2009.

Attorney(s) appearing for the Case

Eric H. Mehnert with whom Hawkes & Mehnert, LLP, were on brief for appellant.

Melissa Reynolds O'Dea, Assistant Attorney General, with whom Janet T. Mills, Attorney General of Maine, and Paul Stern, Deputy Attorney General, were on brief for the appellees.

Before LYNCH, Chief Judge, TORRUELLA and BOUDIN, Circuit Judges.

LYNCH, Chief Judge.

Plaintiffs are the parents of a child removed from them by the state after extensive proceedings resulted in a finding that the best interests of the child required termination of their parental rights. In re G.M., No. PC-05-75 (Me.D.Ct. Jan. 23, 2008). The parents then sued in federal court, asserting violations of statutory and constitutional rights during the termination proceedings and particularly in reunification efforts mandated by...

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