McREYNOLDS v. RICHARDS-CANTAVE

Docket Nos. 07-2042-cv(L), 07-2084-cv(CON), 07-2636cv(CON).

588 F.3d 790 (2009)

Wilbur McREYNOLDS, Eddie Jones, Non-Party-Appellants, Conchita Jones, Plaintiff-Appellant, v. Joslin RICHARDS-CANTAVE, On behalf of himself and all others similarly situated, Khatira Hikmah, On behalf of herself and all others similarly situated, Khaliah Martin, On behalf of herself and all others similarly situated, Amanda Sherman, On behalf of herself and all others similarly situated, Theresa Logan, On behalf of herself and all others similarly situated, People United for Children, Inc., On behalf of themselves and all others similarly situated, Agatha Sibley, On behalf of herself and all others similarly situated, Cherry Mcclamy, On behalf of herself and all others similarly situated, Lesley Margerite Adams-Simien, Denise Johnson Burgess, Plaintiffs-Appellees, Lucille Delapenha, On behalf of herself and all others similarly situated, Candia Richards-Cantave, On behalf of herself and all others similarly situated, Jose Pena, Plaintiffs, The City of New York, Michael Bloomberg, Mayor of the City of New York, Administration for Children's SERVICES, John B. Mattingly, In his official capacity as Commissioner of the Administration for Children's Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: December 8, 2009.


Attorney(s) appearing for the Case

Hagit Elul, Hughes, Hubbard & Reed LLP, New York, NY, for Plaintiff-Appellant Conchita Jones.

Wilbur McReynolds, Fayette, AL, pro se.

Joan P. Gibbs, (Esmeralda Simmons, Timeko Overton, of counsel), Center for Law and Social Justice, Brooklyn, NY, for Plaintiffs-Appellees Joslin Richards-Cantave, Khatira Hikmah, Khaliah Martin, Amanda Sherman, Theresa Logan, People United for Children, Inc., Agatha Sibley, Cherry McClamy, Lesley Margerite Adams-Simien, and Denise Johnson Burgess.

Susan Choi-Hausman, (Michael A. Cardozo, Pamela Seider Doglow and Martha Calhoun, of counsel), Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellants, the City of New York, Michael Bloomberg, Administration for Children's Services, and John B. Mattingly.

Before: MINER, CABRANES, and HALL, Circuit Judges.


MINER, Circuit Judge:

This is an appeal from a judgment entered in the United States District Court for the Southern District of New York (Duffy, J.) approving a settlement agreement in a class action certified pursuant to Federal Rule of Civil Procedure 23(b)(2). In the action, class plaintiffs challenged policies adopted by the New York City Administration for Children's Services ("ACS") relating to the removal of children from their homes in cases of abuse...

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