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NY STATE CITIZENS' COALITION FOR CHILDREN v. POOLE

No. 14-2919-cv August Term 2017.

922 F.3d 69 (2019)

NEW YORK STATE CITIZENS' COALITION FOR CHILDREN, Appellant, v. Sheila J. POOLE, Acting Commissioner for the New York State Office of Children and Family Services, in his official capacity, Appellee.

United States Court of Appeals, Second Circuit.

Decided: April 19, 2019.

Attorney(s) appearing for the Case

Grant J. Esposito, Esq. , Adam J. Hunt, Esq. , Morrison & Foerster LLP, New York, NY, Brian R. Matsui, Esq. , Morrison & Foerster LLP, Washington, DC, for Plaintiff-Appellant.

Steven Wu , Caroline Anais Olsen, Esq. , Assistant Solicitor General, New York State Office of the Attorney General, New York, NY, for Defendant-Appellee.

Jennifer S. Meyer , Assistant Attorney General, Karl D. Smith , Assistant Attorney General, Washington State Office of the Attorney General, Social and Health Services-Olympia Division, for Amici Curiae.

Judge Livingston dissents in a separate opinion.

This case asks whether Spending Clause legislation that directs specific payments to identified beneficiaries creates a right enforceable through 42 U.S.C. § 1983. We hold that it does.

Congress enacted the Adoption Assistance and Child Welfare Act of 1980 ("the Act") "to strengthen the program of foster care...

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