M. D., BY next friend Sarah R. STUKENBERG; D. I., by next friend Nancy G. Pofahl; 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; K. E., as next friend John W. Cliff, JR.; M. R., as next friend Bobbie M. Young; J. R., as next friend Bobbie M. Young; H. V., by next friend Anna J. Ricker; P. O., as next friend Anna J. Ricker; L. H., as next friend Estela C. Vasquez; C. H., by next friend Estela C. Vasquez; S. R., as next friend Bobbie Young; S. S., as next friend Estela C. Vasquez; A. R., as next friend Tom McKenzie, individually and on behalf of all others similarly situated, Plaintiffs-Appellees,
v.
Greg ABBOTT, in his official capacity as Governor of the State of Texas; Cecile Erwin Young, in her official capacity as Executive Commissioner of the Health and Human Services Commission of the State of Texas; Stephanie Muth, in her official capacity as Commissioner of Texas Department of Family and Protective Services, Defendants-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
FILED October 11, 2024.
FILED October 11, 2024.
Attorney(s) appearing for the Case
R. Paul Yetter (argued), Dori Kornfeld Goldman, Christian J. Ward, Attorney, Yetter Coleman, L.L.P., Houston, TX, David Baloche, Marcia Lowry, Laura Welikson, Esq., A Better Childhood, Incorporated, New York, NY, Stephen Andrew Dixon, Esq., Children's Rights, Incorporated, New York, NY, Barry Frank McNeil, Esq., Haynes & Boone, L.L.P., Dallas, TX, for Plaintiffs-Appellees.
Allyson Newton Ho (argued), John Stewart Adams, Stephen J. Hammer, Bradley G. Hubbard, Jason Muehlhoff, Prerak Shah, Senior Counsel, Savannah Silver, Attorney, Gibson, Dunn & Crutcher, L.L.P., Dallas, TX, Kimberly A. Gdula, Office of the Attorney General, General Litigation Division, Austin, TX, Lanora Christine Pettit, Office of the Texas Attorney General, Office of the Solicitor General, Austin, TX, for Defendants-Appellants.
Jorge Benjamin Aguinaga, Louisiana Department of Justice, Baton Rouge, LA, Morgan Brungard, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Amici Curiae State of Louisiana, State of Mississippi.
Marcy Hogan Greer, Alexander Dubose & Jefferson, L.L.P., Houston, TX, for Amici Curiae National Disability Rights Network, Center for Public Representation, New Disabled South, Disability Rights Mississippi.
Tara Grigg Green, Foster Care Advocacy Center, Houston, TX, for Amici Curiae Foster Care Advocacy Center, Justice for Children, National Association of Counsel for Children, Texas State Employees Union, Professor Lori K. Duke.
Alena Weicher, Wheeler Trigg O'Donnell, L.L.P., Denver, CO, Raffi Melkonian, Wright, Close & Barger, L.L.P., Houston, TX, for Amici Curia Brooke D. Coleman, Malcolm Feeley, Jason Parkin, William Quigley, Fred O. Smith, Jason D. Williamson, Adam S. Zimmerman.
Before Jones, Clement, and Wilson, Circuit Judges.
Edith H. Jones, Circuit Judge.
In their fourth appeal from court orders that awarded permanent injunctive relief designed to overhaul the Texas foster care system, the state defendants challenge a contempt order and $100,000 per day ongoing fines. The state raises numerous defenses against the sanctions, including that the order constituted criminal...
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