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M. D. BY STUKENBERG v. ABBOTT

No. 18-40057.

907 F.3d 237 (2018)

M. D., BY next friend Sarah R. STUKENBERG; Z. H., by next friend Carla B. Morrison; S. A., by next friend Javier Solis; A. M., by next friend Jennifer Talley; J. S., by next friend Anna J. Ricker; H. V., by next friend Anna J. Ricker; L. H., by next friend Estela C. Vasquez; C. H., by next friend Estela C. Vasquez; A. R., by next friend Tom McKenzie, individually and on behalf of all other similarly situated, Plaintiffs-Appellees, v. Greg ABBOTT, in his official capacity as Governor of the State of Texas; Courtney Phillips, in her official capacity as Executive Commissioner of the Health and Human Services Commission of Texas; Henry Whitman, Jr., in his official capacity as Commissioner of the Department of Family and Protective Services of the State of Texas, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

FILED October 18, 2018.

Attorney(s) appearing for the Case

Richard Paul Yetter , Dori Kornfeld Goldman , Lonny Jacob Hoffman , Reagan William Simpson, Esq. , Christian J. Ward , Attorney, Yetter Coleman, L.L.P., Houston, TX, Michael Kenneth Bartosz , Sara Michelle Bartosz , Senior Counsel, Stephen Andrew Dixon, Esq. , Christina Wilson Remlin , Children's Rights, Incorporated, New York, NY, Marcia Lowry , A Better Childhood, Chappaqua, NY, Barry Frank McNeil, Esq. , Haynes & Boone, L.L.P., Dallas, TX, for Plaintiffs-Appellees.

Kyle Douglas Hawkins , Joseph David Hughes , Assistant Solicitor General, Office of the Attorney General, Office of the Solicitor General, Scott A. Keller , Solicitor, Philip Lionberger , Office of the Solicitor General for the State of Texas, Thomas A. Albright , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, Austin, TX, for Defendants-Appellants.

Tara Sharee Grigg Garlinghouse , Foster Care Advocacy Center, Houston, TX, Brian D. East , Senior Attorney, Disability Rights Texas, Central Texas Regional Office, Austin, TX, for Amicus Curiae Disability Rights Texas.

Richard Phillips Hogan, Jr. , Hogan & Hogan, Houston, TX, for Amicus Curiae National Association of Social Workers Texas Chapter.

Noel Terry Adams, Jr. , Akerman, L.L.P., Houston, TX, for Amicus Curiae National Association of Counsel for Children.

Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.

Plaintiffs, a certified class of minor children in the Permanent Managing Conservatorship of the Department of Family Protective Services ("DFPS") in Texas, filed suit under 42 U.S.C. § 1983 seeking injunctive relief against the Governor of Texas, the Executive Commissioner of the Texas Health and Human Services...

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