JOHN B. v. GOETZ

No. 3:98-0168.

661 F.Supp.2d 871 (2009)

JOHN B., Carrie G., Joshua M., Megan A. and Erica A., by their next friend, L.A.; Dustin P., by his next friend, Linda C.; Bayli S. by her next friend, C.W.; James D. by his next friend, Susan H; Elsie H. by her next friend, Stacy Miller; Julian C. by his next friend, Shawn C; Troy D. by his next friend, T.W.; Ray M. by his next friend, P.D.; Roscoe W. by his next friend, K.B.; Jacob R. by his next friend, Kim B.; Justin S. by his next friend, Diane P.; Estel W. by his next friend, E.D.; individually and on behalf of all others similarly situated, Plaintiffs, v. Dave GOETZ, Commissioner, Tennessee Department of Finance and Administration; Darin Gordon, Deputy Commissioner, Bureau of TennCare; and Viola Miller, Commissioner, Tennessee Department of Children's Services, Defendants.

United States District Court, M.D. Tennessee, Nashville Division.

September 18, 2009.


Attorney(s) appearing for the Case

Barry Leigh Weissman, Leanna Marie Anderson, Sonnenschein, Nath & Rosenthal, Los Angeles, CA, Elizabeth Banston Hutto, George Gordon Bonnyman, Jr., Michele M. Johnson, Patricia C. Gunn, Tennessee Justice Center, Inc., Nashville, TN, Everette L. Doffermyre, Kimberly Jean Johnson, Ralph I. Knowles, Jr., Doffermyre, Shields, Canfield, Knowles & Devine, Atlanta, GA, Gregory Todd Heyman, Jason Francis Choy, Junaid Khalil, Victoria Reznik, William S.W. Chang, Sarah Kao-Yen Tsou, Vanessa C. Singh, Kirkland & Ellis, New York, NY, Jeffrey S. Goldman, Mary B. Anderson, Robert Thomas Joseph, Sonnenschein, Nath & Rosenthal, Chicago, IL, Katherine Evans, Sonnenschein, Nath & Rosenthal, San Francisco, CA, Mark P. Johnson, Sonnenschein Nath & Rosenthal, Kansas City, MO, for Plaintiffs.

Brian Stuart Koukoutchos, Dean John Sauer, Michael Weitzner, Charles J. Cooper, Derek L. Shaffer, Michael W. Kirk, Nicole J. Moss, Cooper & Kirk, Charles A. Miller, Covington & Burling, Washington, DC, Carolyn E. Reed, Linda A. Ross, Janet M. Kleinfelter, Tennessee Attorney General's Office, Ronald G. Harris, Aubrey B. Harwell, Jr., Philip D. Irwin, Neal & Harwell, Nashville, TN, for Defendants.


MEMORANDUM

WILLIAM J. HAYNES, JR., District Judge.

Plaintiffs, John B., and other minors through their next friends, filed this action on behalf of themselves and other similarly situated minors under 42 U.S.C. § 1983 asserting jurisdiction under 28 U.S.C. § 1331, the federal question jurisdiction statute, with its statutory counterpart, 28 U.S.C. § 1343(a)(3) and (4). Plaintiffs' action is on behalf of a class of more than 500,000 children...

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