M.D. v. Perry
Thursday, October 27, 2011
Court: 5th Circuit Court of Appeals
Topic: Child in state custody as a class able to bring suit
Texas Rule 23(b)(2) extends to protecting the civil rights of custodial plaintiffs, i.e. children in state custody. Several other circuits recognize class action suits in civil rights cases regarding child welfare systems. Additionally WAL-MART V. DUKES did not alter the grounds for certifying traditional 23(b)(2) civil rights class actions or otherwise undermine the grounds for class certification. Class action child welfare litigation has been instrumental in reforming failing foster care systems and there is no basis for application of a heightened class certification standard to child welfare reform lawsuits.
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