Case: Eric L. v. N.H. Dep't of Health & Human Servs. Dir.

1:91-cv-00376 | U.S. District Court for the District of New Hampshire

Filed Date: Aug. 28, 1991

Closed Date: 2005

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Case Summary

On August 28, 1991, a class-action lawsuit was filed in the United States District Court for the District of New Hampshire under 42 U.S.C. § 1983 against the New Hampshire Department of Health and Human Services, and the New Hampshire Division of Children and Youth Services (DCYS). Plaintiffs, represented by public interest and private counsel, sued on behalf of all children who have been placed in foster care or some other child care arrangement outside of their homes by DCYS, and on behalf of…

Plaintiffs sought declaratory and injunctive relief, claiming that DCYS violated Plaintiffs' substantive due process rights under the Fourteenth Amendment, as well as certain statutory rights. As to their constitutional claims, Plaintiffs alleged that DCYS failed to provide Plaintiffs with safe and humane conditions of treatment; stability in foster care placements; familial integrity; freedom from bodily restraint; and adequate procedural due process and equal protection. As to Plaintiffs' statutory rights, they alleged various violations of the Adoption Assistance and Child Welfare Act of 1980 (AACWA); the Child Abuse Prevention and Treatment Act (CAPTA); Section 504 of the Rehabilitation Act of 1973; and the Americans with Disabilities Act (ADA).

On December 16, 1993, the District Court (Senior District Judge Robert J. Kelleher) certified the Plaintiff class. Eric L. v. Bird, No. 91-cv-376-M, 1993 WL 764420 (D.N.H. Dec. 16, 1993).

On March 31, 1994, the District Court (District Judge Steven J. McAuliffe) granted in part and denied in part the Defendants' motion to dismiss. The Court dismissed Plaintiffs' substantive due process claims with respect to placement stability (holding Plaintiffs' complaint "pleads no facts tending to establish that DCYS's placement of children with successive foster parents is so devoid of justification as to give rise to a substantive violation of the Due Process Clause") and freedom from bodily restraint (holding Plaintiffs have made no allegations of being deprived of this right). The Court also found that Plaintiffs lacked a private right of action with respect to their AACWA and CAPTA claims. The Court allowed Plaintiffs to proceed with their remaining constitutional and statutory claims. Eric L. ex rel. Schierberl v. Bird, 848 F. Supp. 303 (D.N.H. 1994).

Discovery continued through the next few years, while Plaintiffs repeatedly asked the District Court to reconsider its ruling dismissing certain of their claims.

On June 2, 1997, the parties jointly asked the Court to approve a settlement agreement in which the Court would retain jurisdiction to enforce the terms of the agreement. The proposed settlement would be valid for five years, and would provide for: suitable training and supervision of child protective service workers and supervisors; timely assessment of reports of abuse and neglect; appropriate intervention with children and families to remedy identified problems; prompt development of permanency plans for children unable to return to their families; and support and training for foster parents. A three-member Oversight Panel would be created to monitor agency progress in complying with the agreement. The parties also agreed to settle Plaintiffs' claims for attorneys' fees and costs in the amount of $117,500.00, and precluded Plaintiffs from seeking further attorneys' fees in the matter, unless related to an action for breach of the agreement. The Court approved the settlement on July 29, 1997.

In April and July of 2002, with the five-year termination date of the settlement agreement approaching, the parties twice stipulated to modify the agreement. The second stipulation, which followed several days of mediation, extended certain provisions of the agreement to January 31, 2003.

On January 16, 2003, the Plaintiffs moved to enforce the settlement agreement. The Plaintiffs argued that the Oversight Panel continued to find shortfalls in the agency's performance, including shortage staff shortages, high caseloads, and high staff turnover. On September 30, 2003, the District Court (Judge McAuliffe) denied Plaintiffs' motion without prejudice, but indicated it was inclined to appoint a special master to "survey the compliance landscape and make findings of fact, and recommendations, with regard to both noncompliance and effective remedies." Eric L. v. Comm'r of N.H. Dep't of Health & Human Servs., No. Civ. 91-376-M, 2003 WL 22249827 (D.N.H. Sept. 30, 2003). Nearly a year later, on September 14, 2004, the Court appointed a special master.

On December 30, 2005, before any report was issued by the special master, the parties stipulated to dismiss the settlement agreement and the lawsuit with prejudice.

Summary Authors

Dan Whitman (3/14/2015)

People

Judge(s)

Attorney for Plaintiff

Barbur, Peter T. (New York)

Barnes, Kenneth J. (New Hampshire)

FitzPatrick, Rory (Massachusetts)

Friedman, Bruce E. (New Hampshire)

Attorney for Defendant

Expert/Monitor/Master/Other

Bodwell, Erica (New Hampshire)

Judge(s)

Kelleher, Robert Joseph (California)

McAuliffe, Steven J. (New Hampshire)

Attorney for Plaintiff

Barbur, Peter T. (New York)

Barnes, Kenneth J. (New Hampshire)

FitzPatrick, Rory (Massachusetts)

Friedman, Bruce E. (New Hampshire)

Lospennato, Ronald (New Hampshire)

McCandless, Roy S (New Hampshire)

Phelan, Pamela E (New Hampshire)

Pilkington-Casey, Mary (New Hampshire)

Attorney for Defendant

Larney, Ann F (New Hampshire)

Morton, Terry L (New Hampshire)

Mullen, Daniel J. (New Hampshire)

Rollins, Nancy (New Hampshire)

Expert/Monitor/Master

Garfunkel, David A (New Hampshire)

Other

Bodwell, Erica (New Hampshire)

Fry, Norman J (District of Columbia)

Rubio, Martha E (District of Columbia)

Witt, Gretchen Leah (New Hampshire)

Documents in the Clearinghouse

Documents in this case

1:91-cv-00376	Docket [PACER] Eric L. v. New Hampshire DHHS	March 10, 2012	March 10, 2012 Docket
38 1:91-cv-00376	Order Eric L. v. New Hampshire DHHS	Dec. 16, 1993	Dec. 16, 1993 Order/Opinion 1993 WL 764420
39 1:91-cv-00376	Order Eric L. v. New Hampshire DHHS	March 31, 1994	March 31, 1994 Order/Opinion 848 F.Supp. 303
81 1:91-cv-00376	Proposed Class Action Settlement Eric L. v. Morton	June 2, 1997	June 2, 1997 Settlement Agreement
92 1:91-cv-00376	Second Stipulation Modifying The Settlement Agreement Eric L. v. Morton	July 3, 2002	July 3, 2002 Settlement Agreement
	Oversight Panel Issues Report on DCYF's Compliance in Fourth Year of Five Year Settlement Agreement Eric L. v. Morton No Court	Sept. 10, 2002	Sept. 10, 2002 Press Release
	Judicial Protection Sought for Abused and Neglected Children Eric L. v. Morton No Court	Jan. 1, 2003	Jan. 1, 2003 Press Release
105 1:91-cv-00376	Order Eric L. v. New Hampshire DHHS	Sept. 30, 2003	Sept. 30, 2003 Order/Opinion 2003 WL 22249827
110 1:91-cv-00376	Order [Appointing Special Master] Eric L. v. Commissioner of NH Dept. of HHS	Sept. 14, 2004	Sept. 14, 2004 Order/Opinion
118 1:91-cv-00376	Stipulation of Dismissal Eric L. v. John Stephen	Dec. 30, 2005	Dec. 30, 2005 Pleading / Motion / Brief

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Docket

Last updated March 26, 2025, 8:30 a.m.

ECF Number	Date	Description	Link
1	Aug. 28, 1991	SEALED−MOTION by Eric L., to Proceed in Forma Pauperis (retd to pltf per order of SJM 7/6/94) Modified on 07/06/1994 (Entered: 08/30/1991)	PACER
2	Aug. 28, 1991	SEALED−MOTION by Kim C., to Proceed in Forma Pauperis (retd to pltf per order of SJM 7/6/94) Modified on 07/06/1994 (Entered: 08/30/1991)	PACER
3	Aug. 28, 1991	SEALED−MOTION by Jeff D., to Proceed in Forma Pauperis (retd to pltf per order SJM 7/6/94) Modified on 07/06/1994 (Entered: 08/30/1991)	PACER
4	Aug. 28, 1991	SEALED−MOTION by Eric L., Kim C., Jeff D., for Protective Order (retd to pltf per order SJM 7/6/94) Modified on 07/06/1994 (Entered: 08/30/1991)	PACER
5	Aug. 28, 1991	MOTION by Eric L., Kim C., Jeff D., to Seal (Entered: 08/30/1991)	PACER
6	Aug. 29, 1991	ORDER granting [3−1] motion to Proceed in Forma Pauperis granting [2−1] motion to Proceed in Forma Pauperis granting [1−1] motion to Proceed in Forma Pauperis ( signed by James R. Starr, Clerk ) Modified on 08/30/1991 (Entered: 08/30/1991)	PACER
7	Aug. 29, 1991	COMPLAINT (Entered: 08/30/1991)	PACER
	Aug. 29, 1991	ENDORSED ORDER granting [4−1] motion for Protective Order. However, it shall be the responsibility of Plaintiff's counsel to insure that no pleading bearing the parties real name is maintained in the court's files. signed by Clerk James R.	PACER
	Aug. 30, 1991	SUMMONS(ES) issued for HHS NH Commr, Child and Family Ser (Entered: 08/30/1991)	PACER
8	Sept. 25, 1991	MOTION by HHS NH Commr, Child &Youth Dir, to Extend Time to 10/7/91 to Answer (dae) (Entered: 09/27/1991)	PACER
	Sept. 27, 1991	RULE 11 ORDER granting [8−1] motion to Extend Time set Answer deadline to 10/7/91 for Child &Youth Dir, for HHS NH Commr (dae) (Entered: 09/27/1991)	PACER
9	Oct. 8, 1991	ANSWER to Complaint by HHS NH Commr, Child &Youth Dir (Attorney Ann F. Larney) (cmd) (Entered: 10/08/1991)	PACER
	Dec. 4, 1991	Pre−trial conference set at 10:00 1/16/92 (dae) (Entered: 12/04/1991)	PACER
10	Jan. 16, 1992	Stipulation by Eric L., Kim C., Jeff D., HHS NH Commr, Child &Youth Dir to take depositions (cmd) (Entered: 01/16/1992)	PACER
11	Jan. 16, 1992	PRETRIAL order filed, plaintiffs to file motion to certify class, further pretrial after ruling on motion set Motion Filing deadline to 5/1/92 ( signed by Mag Judge William H. Barry Jr. ) (cmd) (Entered: 01/17/1992)	PACER
	Jan. 16, 1992	Pre−trial conference held (cmd) (Entered: 01/17/1992)	PACER
12	March 18, 1992	NOTICE of attorney appearance for Eric L. by Ronald K. Lospennato (cmd) (Entered: 03/19/1992)	PACER
	March 18, 1992	Spoke with Atty Lospennato who indicated his appearance should be for plaintiff Eric L. only (cmd) (Entered: 03/19/1992)	PACER
13	May 1, 1992	MOTION by Eric L., Kim C., Jeff D., to Amend [7−1] complaint with assent (jgb) (Entered: 05/04/1992)	PACER
14	May 1, 1992	MOTION by Eric L., Kim C., Jeff D., to Certify Class with memorandum; Objection to Motion Deadline 6/1/92 (jgb) (Entered: 05/04/1992)	PACER
15	May 5, 1992	ORDER granting [13−1] motion to Amend [7−1] complaint, set Answer deadline for amended complaint to 6/1/92 for Child &Youth Dir, for HHS NH Commr ( signed by Chief Judge Shane Devine ) (cmd) (Entered: 05/05/1992)	PACER
16	May 5, 1992	AMENDED COMPLAINT by Eric L., Kim C., Jeff D., amending [7−1] complaint adding plaintiffs James K., Julie W., Bruno J., Jennifer B. (cmd) (Entered: 05/12/1992)	PACER
	May 5, 1992	Motion(s) referred: [13−1] motion to Amend [7−1] complaint referred to Mag Judge William H. Barry Jr. (cmd) (Entered: 05/05/1992)	PACER
17	May 26, 1992	MOTION plaintiffs to Amend [16−1] amended complaint to substitute parties/assent (cmd) (Entered: 05/28/1992)	PACER
18	May 27, 1992	MOTION by HHS NH Commr, Child &Youth Dir to Extend Time to file responsive pleadings to 6/l5/92/assent (cmd) (Entered: 05/28/1992)	PACER
	June 8, 1992	RULE 11 ORDER granting [18−1] motion to Extend Time to file responsive pleadings to 6/l5/92/assent (Entered: 06/08/1992)	PACER
	June 8, 1992	Deadline updated per r11 of 6/8/92; Objection to Motion reset to 6/15/92 for [14−1] motion to Certify Class (Entered: 06/10/1992)	PACER
19	June 10, 1992	ORDER granting [17−1] motion to Amend [16−1] amended complaint to substitute parties ( signed by Mag Judge William H. Barry Jr. ) (cmd) (Entered: 06/11/1992)	PACER
20	June 10, 1992	AMENDED COMPLAINT by plaintiffs (Answer due 6/22/92 for Child &Youth Dir, for HHS NH Commr to amended complaint) amending [16−1] second amended complaint re Jeff D. (cmd) (Entered: 06/11/1992)	PACER
21	June 15, 1992	MOTION by HHS NH Commr, Child &Youth Dir to Extend Time re amended complaint and obj to motion to certify class to 6/16/92/assent (cmd) (Entered: 06/17/1992)	PACER
22	June 15, 1992	ANSWER by HHS NH Commr, Child &Youth Dir (Attorney Daniel J. Mullen) to: [20−1] amended complaint (cmd) (Entered: 06/17/1992)	PACER
23	June 16, 1992	MOTION by HHS NH Commr, Child &Youth Dir to Extend Time to file obj to certify class to 6/17/92 /assent (Entered: 06/17/1992)	PACER
24	June 17, 1992	OBJECTION by HHS NH Commr, Child &Youth Dir to [14−1] motion to Certify Class; with memo (Entered: 06/17/1992)	PACER
25	June 18, 1992	MOTION by Amicus Party for permission to appear amicus curia and file brief/assent (cmd) (Entered: 06/19/1992)	PACER
	June 18, 1992	RULE 11 ORDER granting [21−1] motion to Extend Time re amended complaint and obj to motion to certify class to 6/16/92/assent (cmd) (Entered: 06/19/1992)	PACER
	June 18, 1992	RULE 11 ORDER granting [23−1] motion to Extend Time to file obj to certify class to 6/17/92 /assent (cmd) (Entered: 06/19/1992)	PACER
	June 22, 1992	ENDORSED ORDER granting [25−1] motion for permission to appear amicus curia and file brief ( signed by Chief Judge Shane Devine ) (cmd) (Entered: 06/24/1992)	PACER
	June 24, 1992	File retd to SD for ruling on motion to certify class (cmd) (Entered: 06/24/1992)	PACER
26	July 10, 1992	MOTION by plaintiffs for Leave to File reply brief/assent (cmd) (Entered: 07/14/1992)	PACER
	July 14, 1992	ENDORSED ORDER granting [26−1] motion for Leave to File reply brief, Objection to Motion reset to 7/22/92 for [14−1] motion to Certify Class ( signed by Chief Judge Shane Devine ) (cmd) (Entered: 07/15/1992)	PACER
27	July 22, 1992	REPLY plaintiffs to objection to [14−1] motion to Certify Class with appendix (cmd) (Entered: 07/23/1992)	PACER
28	July 28, 1992	MEMORANDUM by Amicus Party(ies) in support of [14−1] motion to Certify Class (cmd) (Entered: 07/28/1992)	PACER
	Sept. 25, 1992	Motion(s) referred: [14−1] motion to Certify Class referred to Senior Judge Robert J. Kelleher (cmd) (Entered: 09/25/1992)	PACER
	Oct. 22, 1992	Motion hearing re: [14−1] motion to Certify Class at 1:30 11/4/92 before Sr Judge Robert J. Kelleher, sitting by designation, in Room 418 (dcap) (Entered: 10/22/1992)	PACER
	Nov. 4, 1992	Motion hearing re: [14−1] motion to Certify Class Motion hearing held in Courtroom #3. R. Kelleher, by desig. Taped S−642: 272−936; S−643: 0−116. Deft to file dispositive Motion w/in 30 days. Deft has one week to prepare class certification document and pltf has 10 days to respond. (dae) (Entered: 11/05/1992)	PACER
	Nov. 4, 1992	Deadline updated; set Motion Filing deadline 12/4/92 − Deft to file Disp Mot per hearing on 11/4/92 (dae) (Entered: 11/05/1992)	PACER
	Nov. 4, 1992	Deadline updated; set Notice of Compliance deadline to 11/25/92 Deft to file class certification document w/in 1 week; pltf has 10 days to respond − to 11/25/92 − Kelleher to review (dae) (Entered: 11/05/1992)	PACER
29	Nov. 16, 1992	MOTION by HHS NH Commr, Child &Youth Dir to Extend Time to file class definition and objection to pltf's class definition/assent to 11/23/92 (cmd) (Entered: 11/18/1992)	PACER
	Nov. 16, 1992	RULE 11 ORDER granting [29−1] motion to Extend Time to file class definition and objection to pltf's class definition/assent to 11/23/92 (bc) (Entered: 11/25/1992)	PACER
30	Nov. 24, 1992	Defendants' proposed class definition by HHS NH Commr, Child &Youth Dir as ordered by Court ll/4/92 (cmd) (Entered: 11/24/1992)	PACER
31	Nov. 24, 1992	OBJECTION by HHS NH Commr, Child &Youth Dir to new class definition outlined submitted during oral argument ll/4/92 (cmd) (Entered: 11/24/1992)	PACER
32	Dec. 4, 1992	MOTION by HHS NH Commr, Child &Youth Dir to Extend Time to file dispositive motions to 12/23/92 (cmd) (Entered: 12/07/1992)	PACER
33	Dec. 7, 1992	RESPONSE by plaintiffs in opposition to [30−1] filing miscellaneous re class definition (cmd) (Entered: 12/09/1992)	PACER
	Dec. 7, 1992	RULE 11 ORDER granting [32−1] motion to Extend Time to file dispositive motions to 12/23/92, reset Motion Filing deadline 12/23/92 (cmd) (Entered: 12/07/1992)	PACER
34	Dec. 24, 1992	MOTION by HHS NH Commr, Child &Youth Dir to Dismiss for failure to state a claim with memorandum; Objection to Motion Deadline 1/13/93 (cmd) (Entered: 01/04/1993)	PACER
35	Jan. 13, 1993	MOTION by Eric L., Kim C., Jeff D. to Extend Time to file objection to motion to dismiss to 2/5/93 (cmd) (Entered: 01/13/1993)	PACER
	Jan. 13, 1993	RULE 11 ORDER granting [35−1] motion to Extend Time to file objection to motion to dismiss to 2/5/93, Objection to Motion reset to 2/5/93 for [34−1] motion to Dismiss for failure to state a claim (cmd) (Entered: 01/13/1993)	PACER
36	Feb. 5, 1993	MOTION by plaintiffs to Extend Time to file objection to motion to dismiss to 2/9/93 (cmd) (Entered: 02/08/1993)	PACER
37	Feb. 9, 1993	OBJECTION by plaintiffs to [34−1] motion to Dismiss for failure to state a claim with memorandum (cmd) (Entered: 02/10/1993)	PACER
	Feb. 9, 1993	RULE 11 ORDER granting [36−1] motion to Extend Time to file objection to motion to dismiss to 2/9/93, Objection to Motion reset to 2/9/93 for [34−1] motion to Dismiss for failure to state a claim (cmd) (Entered: 02/09/1993)	PACER
	Sept. 13, 1993	Motion(s) referred: [34−1] motion to Dismiss for failure to state a claim referred to Senior Judge Robert J. Kelleher (cmd) (Entered: 09/29/1993)	PACER
38	Dec. 16, 1993	ORDER granting [14−1] motion to Certify Class ( signed by Senior Judge Robert J. Kelleher ) (jab) (Entered: 12/20/1993)	PACER
	Dec. 29, 1993	Motion(s) no longer referred: [34−1] motion to Dismiss for failure to state a claim. Was referred to Judge Kelleher as he had the file for action on another pending motion. Upon return of file, #34 sent to SM for ruling. (Entered: 12/29/1993)	PACER
	Feb. 1, 1994	Deadline updated; set Miscellaneous deadline for 7/1/94 to review status of sealed documents 1−4 (Entered: 02/01/1994)	PACER
39	March 31, 1994	///ORDER granting in part, denying in part [34−1] motion to Dismiss for failure to state a claim. Dfts' Motion to dismiss is granted with respect to plts' claims under the Adoption Assistance and Child Welfare Act and the Child Abuse Prevention and Treatment Act. See 2nd Amd Cmp, Cts. II and III. Some of plts' constitutional claims are also dismissed. See Part III.A., supra; 2nd Amd Cmp, Ct. I. The motion to dismiss is denied with respect to plfs' remaining claims under the 14th Amendment, and under Section 504 of the Rehabilitation Act and the Americans with Disabilities Act. 2nd Amd Cmp, Cts. I, IV and V. (signed by Judge Steven J. McAuliffe ) (jab) (Entered: 04/01/1994)	PACER
	Aug. 18, 1994	FURTHER PRETRIAL CONFERENCE set at 8:30 9/13/94 before Judge Steven J. McAuliffe in chambers (jab) (Entered: 08/18/1994)	PACER
	Sept. 13, 1994	PRETRIAL CONFERENCE held before Judge Steven J. McAuliffe in Chambers (jab) (Entered: 09/14/1994)	PACER
41	Oct. 19, 1994	PRETRIAL order filed. Ready for trial deadline set for 9/1/96; Motion filing deadline set for 11/1/94 for parties to file a stipulated protective order and joint motion for certification permitting an interlocutory appeal. Discovery deadline set to 7/1/96 ***Case track set −− COMPLX ( signed by Steven J. McAuliffe ) (jab) (Entered: 10/19/1994)	PACER
42	Nov. 1, 1994	ASSENTED TO MOTION by Plaintiffs and Notice to Amend District Court Order to Include a Statement as Prescribed under 28 USC 1292(b) and Fed.R.App.P. 5(a) [for Leave to File Interlocutory Appeal] with cites and proposed order (jab) (Entered: 11/01/1994)	PACER
43	Nov. 2, 1994	ORDER granting [42−1] motion and Notice to Amend District Court Order to Include a Statement as Prescribed under 28 USC 1292(b) and Fed.R.App.P. 5(a) [for Leave to File Interlocutory Appeal], set Miscellaneous deadline for 11/14/94 for parties to file the NOA w/the First Circuit ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 11/03/1994)	PACER
44	Nov. 14, 1994	PARTIALLY ASSENTED−TO MOTION by all parties for Protective Order with attachment. Plts oppose paragraphs 10 through 12. (jab) (Entered: 11/14/1994)	PACER
	Nov. 18, 1994	Copy of ltr from Atty Friedman to 1st Circuit Court of Appeals re: the filing of an Interlocutory Appeal (ltr dated 11/8/94) (jab) (Entered: 11/18/1994)	PACER
45	Dec. 7, 1994	MOTION by Eric L. for Reconsideration of [39−1] order with cites; no memo. Objection to Motion Deadline 12/27/94 (jab) (Entered: 12/08/1994)	PACER
46	Dec. 22, 1994	OBJECTION by defendants to [45−1] motion for Reconsideration of [39−1] order (jab) (Entered: 12/23/1994)	PACER
47	Jan. 4, 1995	ORDER denying [45−1] motion for Reconsideration of [39−1] order ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 01/05/1995)	PACER
48	Jan. 4, 1995	ORDER granting in part, denying in part [44−1] motion for Protective Order. The court adopts Paragraphs 2 through 8 of the parties' proposed protective order and enters it as a standing discovery order. The court denies dfts' request that it adopt Paragraphs 10 and 11 of the proposed protective order. ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 01/05/1995)	PACER
49	Feb. 10, 1995	OPINION of CCA Re: Interlocutory Appeal of Eric L. − CCA Denied (February 7, 1995) (jab) (Entered: 02/10/1995)	PACER
50	March 13, 1995	MOTION by Eric L., Kim C. for Reconsideration of [39−1] order with cites. Objection to Motion Deadline 4/3/95 (jab) (Entered: 03/13/1995)	PACER
51	March 20, 1995	OBJECTION by HHS NH Commr, Child &Youth Dir to [50−1] motion for Reconsideration of [39−1] order w/memo (jab) (Entered: 03/20/1995)	PACER
52	April 21, 1995	Addendum by plaintiff Eric L., plaintiff Kim C. to [50−1] motion for Reconsideration of [39−1] order (jab) (Entered: 04/21/1995)	PACER
53	July 17, 1995	ASSENTED TO MOTION by All Plaintiffs for Rory FitzPatrick, Jennifer C. Tucker, Michael J. Malinowski, and Phoebe S. Gallagher to Appear Pro Hac Vice no memorandum. (jab) (Entered: 07/17/1995)	PACER
	July 18, 1995	ENDORSED ORDER granting [53−1] motion for Rory FitzPatrick, Jennifer C. Tucker, Michael J. Malinowski, and Phoebe S. Gallagher to Appear Pro Hac Vice. Only Rory FitzPatrick, Esq. shall be entered as this firm's lead counsel on the docket. ( signed by Clerk James R. Starr ) (jab) (Entered: 07/18/1995)	PACER
	Oct. 6, 1995	ENDORSED ORDER granting [54−1] motion to Extend Time to File Expert Witnesses and Expert Reports 6 months after order issued re: pending Motion to Reconsider set Miscellaneous deadline for 11/6/95 to see if Order has been issued as to Motion to Reconsider ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 10/06/1995)	PACER
	Nov. 7, 1995	Deadline updated;if motion to reconsider has been ruled upon, need to rescheduled disclosure of expert/report dates for 6 months reset Miscellaneous deadline for 11/30/95 (jab) (Entered: 11/07/1995)	PACER
	Dec. 5, 1995	Deadline updated; if motion to reconsider has been ruled on we need to set dates for disclosure of experts by parties reset Miscellaneous deadline for 1/2/96 (jab) (Entered: 12/05/1995)	PACER
	Jan. 3, 1996	Deadline updated; when motion to reconsider is ruled on, set deadline for the filing of experts/reports reset Miscellaneous deadline for 4/1/96 (jab) (Entered: 01/03/1996)	PACER
	Jan. 24, 1996	TRIAL NOTICE. Final Pretrial Statements Due 8/16/96 ; Final Pretrial Conference set for 2:00 8/26/96 ; Bench Trial set for 2−week period beginning 10:00 9/3/96 LR 16.2(e) Objections Due: 8/23/96. ( before Judge Steven J. McAuliffe ) (jab) (Entered: 01/24/1996)	PACER
55	Feb. 7, 1996	ORDER granting in part, denying in part [50−1] motion for Reconsideration of [39−1] order. set Brief deadline to 4/15/96 ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 02/07/1996)	PACER
56	Feb. 7, 1996	ORDER certifying to the Attorney General of the United States the fact that this case presents a potential constitutional challenge to 42 USC Section 1320a−2. ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 02/07/1996)	PACER
57	March 15, 1996	MOTION by USA to Extend Time to Notify the Court of Whether it Will Appeal in this matter to 3/29/96; no memorandum. Objection to Motion Deadline 4/4/96 (jab) (Entered: 03/15/1996)	PACER
	March 18, 1996	Daniel Mullen, Esq. advised the court that he had no objection to the United States' Motion to Extend Time to Notify the Court of Whether it will appear in this matter. File to JRM. (jab) (Entered: 03/18/1996)	PACER
	March 19, 1996	ENDORSED ORDER granting [57−1] motion to Extend Time to Notify the Court, set Miscellaneous deadline for 3/29/96 United States to Notify the Court whether it will appear in this matter ( signed by Magistrate Judge James R. Muirhead ) (jab) (Entered: 03/19/1996)	PACER
58	March 29, 1996	MOTION by USA to Extend Time to Notify the Court by 4/3/96 Whether it will Appear in this Matter; no memorandum, with assent. (jab) (Entered: 03/29/1996)	PACER
59	April 2, 1996	BRIEF/STATEMENT OF INTEREST IN SUPPORT OF THE CONSTITUTIONALITY OF 42 USC 1320a−2 filed by USA regarding [55−1] order (jab) (Entered: 04/02/1996)	PACER
	April 2, 1996	ENDORSED ORDER granting [58−1] motion to Extend Time to Notify the Court by 4/3/96, reset Miscellaneous deadline for 4/3/96 ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 04/02/1996)	PACER
60	April 3, 1996	NOTICE of substitute attorney for HHS NH Commr, Child &Youth Dir . Terminated attorney Daniel J. Mullen for Child &Youth Dir, attorney Daniel J. Mullen for HHS NH Commr **Substituted attorney Ann F. Larney. (jab) (Entered: 04/03/1996)	PACER
61	April 12, 1996	BRIEF/Memo of Law in Support of Their Motion for Reconsideration filed by All Plaintiffs regarding [55−1] order dated 2/7/96, Document 56. Parties ordered to submit legal memoranda addressing constitutionality of the Suter Amendment. (jab) (Entered: 04/12/1996)	PACER
63	April 15, 1996	BRIEF filed by HHS NH Commr, Child &Youth Dir regarding [39−1] order of 3/94; no basis for Court to reconsider its dismissal of Pltfs' claims under the Adoption Assistance Act or the Child Abuse Prevention and Treatment Act and order of 3/94 should stand (dae) (Entered: 04/16/1996)	PACER
64	April 18, 1996	BRIEF filed by Amicus Party(ies) regarding [55−1] order set Brief deadline to 4/15/96 (jab) (Entered: 04/18/1996)	PACER
	April 18, 1996	ENDORSED ORDER granting [62−1] motion to Substitute Attorney Norman J. Fry for Erica U. Bodwell; terminated attorney Erica U. Bodwell for Amicus Party(ies), Added Norman J. Fry, granting [62−2] motion for Leave to File Memorandum of Law in support of plaintiff's motion for reconsideration ( signed by Judge Steven J. McAuliffe ) (jab) (Entered: 04/18/1996)	PACER

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Case Details

State / Territory:

New Hampshire

Case Type(s):

Child Welfare

Key Dates

Filing Date: Aug. 28, 1991

Closing Date: 2005

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All children about whom DCYS had received a complaint of abuse or neglect; children entitled to DCYS services; and disabled children who have rights under N.H. R.S.A. § 169-C and (a) who are placed, or at risk of placement, with DCYS in short-term residential placement, or (b) who have been placed in foster care or some other out-of-home placement or whose families are in need or services, or (c) who have been labeled “unadoptable.”

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

State

New Hampshire Department of Children and Youth Services

New Hampshire Department of Health & Human Services

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Adoption Assistance and Child Welfare Act of 1980 (AACWA), 42 U.S.C. §§ 620 et seq.

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Child Abuse Prevention and Treatment Act, 42 U.S.C. §§ 5101 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Due Process

Equal Protection

Other Dockets:

District of New Hampshire 1:91-cv-00376

Available Documents:

Any published opinion

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Goals (e.g., for hiring, admissions)

Hire

Monitoring

Monitor/Master

Other requirements regarding hiring, promotion, retention

Reporting

Amount Defendant Pays: $117,500.00

Order Duration: 1997 - 2005

Issues

General/Misc.:

Family reunification

Foster care (benefits, training)

Incident/accident reporting & investigations

Individualized planning

Juveniles

Parents (visitation, involvement)

Pattern or Practice

Placement in shelters

Relative caretakers

Siblings (visitation, placement)

Staff (number, training, qualifications, wages)

Benefits (Source):

Adoption Assistance and Child Welfare Act

Disability and Disability Rights:

Disability, unspecified

Discrimination Basis:

Disability (inc. reasonable accommodations)

Jails, Prisons, Detention Centers, and Other Institutions:

Placement in mental health facilities

Restraints (physical)

Visiting

Recommended Citation

Case Summary of Eric L. v. N.H. Dep't of Health & Human Servs. Dir., Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/12399/ (last updated 3/14/2015).