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HENSLEY v. KOLLER

No. 12-2147.

722 F.3d 177 (2013)

Kenneth HENSLEY, as adoptive parents of BLH; Angela Hensley, as adoptive parents of BLH; BLH, by parents-general guardians Kenneth and Angela Hensley, Plaintiffs-Appellees, v. Lillian KOLLER, individually and in her official capacity as State Director for the South Carolina Department of Social Services; Elizabeth Patterson, individually as Former Director of the South Carolina Department of Social Services; Kim Aydlette, individually as Former Director of the South Carolina Department of Social Services; Kathleen Hayes, individually as Former Director of the South Carolina Department of Social Services, Defendants-Appellants, and South Carolina Department of Social Services, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided: July 3, 2013.

Attorney(s) appearing for the Case

ARGUED: Andrew Lindemann , Davidson & Lindemann, P.A., Columbia, South Carolina, for Appellants. Timothy Ryan Langley , Hodge & Langley Law Firm, P.C., Spartanburg, South Carolina, for Appellees. ON BRIEF: William H. Davidson, II , Joel S. Hughes , Davidson & Lindemann, P.A., Columbia, South Carolina, for Appellants. Charles J. Hodge , Hodge & Langley Law Firm, P.C., Spartanburg, South Carolina; James Fletcher Thompson , James Fletcher Thompson, LLC, Spartanburg, South Carolina, for Appellees.

Reversed and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge DAVIS and Judge WYNN joined.

DIANA GRIBBON MOTZ, Circuit Judge:

A minor, by and through her adopted parents, brought this class action challenging South Carolina's reduction of monthly adoption assistance benefits. She claims the reduction violates the Adoption Assistance and Child Welfare Act, and seeks declaratory and injunctive relief, as well as money damages. The district court certified the class and denied the parties' cross-motions for summary judgment. For the reasons that follow, we...

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