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DG EX REL. STRICKLIN v. DEVAUGHN

No. 09-5093.

594 F.3d 1188 (2010)

DG, by Next Friend G. Gail STRICKLIN; CS, by Next Friend Barbara Sears; JB, by Next Friend Buddy Faye Foster; AP, by Next Friend Leslie A. Ellis Kissinger; JA, by Next Friend Buddy Faye Foster; JP, by Next Friend G. Gail Stricklin; RJ, by Next Friend Paul Naylor; GC, by Next Friend Anne Sublett; KT, by Next Friend Barbara Sears, for themselves and those similarly situated, Plaintiffs-Appellees, v. Richard L. DEVAUGHN, in his official capacity as Chairman of the Oklahoma Commission for Human Services; Ronald L. Mercer, in his official capacity as Vice-Chairman of the Oklahoma Commission for Human Services; Jay Dee Chase; Patrick Dills Douglas; Michael L. Peck; Geroldine Webb; Aneta F. Wilkinson; George E. Young, Sr., in their official capacities as members of the Oklahoma Commission for Human Services; Howard Hendrick, in his official capacity as Director of the Department of Human Services, Defendants-Appellants. White Fields, Inc.; Oklahoma Baptist Homes for Children; Oklahoma United Methodist Circle of Care; Sand Springs Children's Home; American Legion Children's Home; Peppers Ranch, Inc.; Oklahoma Lions Boys Ranch; Goodland Academy, Movants.

United States Court of Appeals, Tenth Circuit.

February 8, 2010.

Attorney(s) appearing for the Case

Marcia Robinson Lowry, Children's Rights, New York, N.Y. (Frederic Dorwart and Paul DeMuro, Frederic Dorwart Lawyers, Tulsa, OK, and R. Thomas Seymour and Scott A. Graham, Seymour & Graham, LLP, Tulsa OK, and Bruce W. Day and Joe E. Edwards, Day, Edwards, Propester & Christensen, Oklahoma City, OK, with her on the briefs) for Plaintiffs-Appellants.

Donald M. Bingham, Riggs, Abney, Neal, Turpen, Orbison & Lewis, P.C., Tulsa, OK (Holly M. Hillerman, Riggs, Abney, Neal, Turpen, Orbison & Lewis, P.C., Tulsa, OK, and Robert A. Nance and Melvin C. Hall, Riggs, Abney, Neal, Turpen, Orbison & Lewis, P.C., Oklahoma City, OK, with him on the briefs) for Defendants-Appellees.

Before HOLMES, BALDOCK, and SILER, Circuit Judges.

BALDOCK, Circuit Judge.

Nine Oklahoma foster children ("Named Plaintiffs"), acting through their next friends, filed suit under 42 U.S.C. § 1983 against members of the Oklahoma Commission for Human Services and the Director of the Oklahoma Department of Human Services ("OKDHS") in their official capacities, seeking declaratory and injunctive relief. The Oklahoma Commission for Human Services is the body responsible for formulating the policies and adopting the...

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