SAM and Tony M., by Next Friend Gregory C. ELLIOTT; Caesar S., by Next Friend Kathleen J. Collins; David T., by Next Friend Mary Melvin; Briana, Alexis, Clare, and Deanna H., by Next Friend Gregory C. Elliott; and Danny and Michael B., by Next Friend Gregory C. Elliott; for themselves and those similarly situated, Plaintiffs, Appellants,
v.
Donald L. CARCIERI, in his official capacity as Governor of the State of Rhode Island; Jane A. Hayward, in her official capacity as Secretary of the Executive Office of Health & Human Services; and Patricia Martínez, in her official capacity as Director of the Department of Children, Youth and Families, Defendants, Appellees.
United States Court of Appeals, First Circuit.https://leagle.com/images/logo.png
Heard January 5, 2010.
Decided June 18, 2010.
Attorney(s) appearing for the Case
Susan Lambiase, Children's Rights, with whom Marcia Robinson Lowry, Shirim Nothenberg, Jessica Polansky, John W. Dineen, Vernon Winters, Weil, Gotshal & Manges LLP, and Jametta O. Alston, Rhode Island Office of the Child Advocate, were on brief for appellants.
Erik S. Pitchal, Assistant Clinical Professor of Law, Suffolk University Law School, for amici curiae the National Association of Counsel for Children, the Children's Law Center of Los Angeles, Youth Law Center, the Hofstra Child Advocacy Clinic, the Legal Aid Society, the Children's Advocacy Institute, Children's Law Center of Massachusetts, Lawyers for Children, Prof. Don Duquette, the Rutgers Child Advocacy Center, Children's Law Center of Minnesota, the University of Miami School of Law's Children & Youth Law Clinic, National Center for Youth Law, First Star, and Prof. Michael Dale, in support of appellants.
Andrew B. Prescott, Steven M. Richard, Nixon Peabody LLP, for amici curiae Rhode Island Affiliate, American Civil Liberties Union, in support of appellants and in favor of reversal.
Seema A. Misra, Jennifer C. Arnett, Stroock & Stroock & Lavan LLP, for amici curiae The Field Center for Children's Policy Practice & Research at the University of Pennsylvania, in support of appellants and in support of reversal.
Brenda D. Baum, Assistant Attorney General, with whom Patrick C. Lynch, Attorney General, and James R. Lee, Assistant Attorney General, Rhode Island Department of the Attorney General, were on brief for appellees.
Before TORRUELLA, Circuit Judge, SOUTER, Associate Justice, and STAHL, Circuit Judge.
United States Court of Appeals, First Circuit.
TORRUELLA, Circuit Judge.
This appeal raises important questions regarding an individual's capacity to sue as a representative of minors in state foster care custody alleging violations of their civil rights.
On June 28, 2007, Mary Melvin, Kathleen J. Collins, and Gregory C. Elliott (collectively, the proposed Next Friends), filed a class action suit on behalf of foster care children who are under the legal custody of Rhode Island's Department of Children...
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