ROMAIN v. WALTERS

No. 16-30929.

856 F.3d 402 (2017)

Lisa ROMAIN; Stacey Gibson; Joanika Davis; Schevelli Robertson; Jericho Macklin; Dameion Williams; Brian Trinchard, Plaintiffs-Appellants v. Marketa Garner WALTERS, in her official capacity as Secretary, Department of Children & Family Services, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

FILED May 8, 2017.


Attorney(s) appearing for the Case

Charles Robert Eskridge, III, Esq. , Jonathan Sink , Quinn Emanuel Urquhart & Sullivan, Houston, TX, William P. Quigley , Loyola University, New Orleans, LA, for Plaintiffs-Appellants.

Celia Marie Williams-Alexander, Esq. , Deputy General Counsel, Department of Children & Family Services for State of Louisiana, Baton Rouge, LA, for Defendant-Appellee.

Michael T. Kirkpatrick , Public Citizen Litigation Group, Washington, DC, for Amici Curiae Public Citizen, Incorporated, Impact Fund, Legal Aid Society Employment Law Center, Disability Rights California.

Thomas Gregory Jackson , Ann Marie Arcadi , Justin Roel Chapa , Morgan, Lewis & Bockius, L.L.P., Thomas Gregory Jackson , K & L Gates, L.L.P., Dallas, TX, for Amicus Curiae Texas Civil Rights Project.

Before WIENER, DENNIS, and HAYNES, Circuit Judges.


The district court determined that Plaintiffs in this matter were not prevailing parties and denied recovery of attorneys' fees. As discussed below, we REVERSE and REMAND.

I. Background

Plaintiffs Lisa Romain, Stacey Gibson, Joanika Davis, Schevelli Robertson, Jericho Macklin, Dameion Williams, and Brian...

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