L.J. v. WILBON

No. 09-2259.

633 F.3d 297 (2011)

L.J., Plaintiff-Appellee, v. Brian WILBON; Baltimore City Department of Social Services; Maryland Department of Human Resources, Defendants-Appellants, and Brenda Donald, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: January 26, 2011.


Attorney(s) appearing for the Case

ARGUED: Julia Doyle Bernhardt , Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellants. Mitchell Y. Mirviss , Venable, LLP, Baltimore, Maryland, for Appellee. ON BRIEF: Douglas F. Gansler , Attorney General, John B. Howard, Jr. , Deputy Attorney General, David E. Beller , Assistant Attorney General, Office of the Attorney General of Maryland, Baltimore, Maryland, for Appellants. Rhonda B. Lipkin , Public Justice Center, Inc., Baltimore, Maryland, for Appellee.

Affirmed by published opinion. Judge DUNCAN wrote the opinion, in which Judge KING and Senior Judge BALDOCK concurred.


OPINION

DUNCAN, Circuit Judge:

This is an appeal from the denial of a motion under Federal Rule of Civil Procedure 60(b)(5) to vacate a 1988 consent decree and from the entry of a subsequent modified decree. Both decrees were designed to reform the Baltimore, Maryland foster care system. The appeal is based on allegations that changes in the law brought about by Supreme Court decisions have eliminated the legal bases for the decrees. We affirm the well-reasoned...

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