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SAM M. BY ELLIOTT v. CARCIERI

C.A. No. 07-241L.

610 F.Supp.2d 171 (2009)

SAM and Tony M., BY Next Friend Gregory C. ELLIOTT; Caesar S., by Next Friend Kathleen J. Collins; David T., by Next Friend Mary Melvin; Briana, Alexis, Clare and Deanna H., by Next Friend Gregory C. Elliott; and Danny and Michael B., by Next Friend Gregory C. Elliott; for themselves and those similarly situated, Plaintiffs, v. Donald L. CARCIERI, in his official capacity as Governor of the State of Rhode Island; Jane Hayward, in her official capacity as Secretary of the Executive Office of Health & Human Services; and Patricia Martinez, in her official capacity as Director of the Department of Children, Youth and Families, Defendants.

United States District Court, D. Rhode Island.

April 29, 2009.

Attorney(s) appearing for the Case

Jametta O. Alston, Office of the Child Advocate, Cranston, RI, John William Dineen, Providence, RI, Marcia Robinson Lowry, Susan Lambiase, Childrens' Rights, New York, NY, Vernon Winters, Weil, Gotshal, and Manges LLP, Redwood Shores, CA, for Plaintiffs.

Brenda D. Baum, James R. Lee, Attorney General's Office, Kevin J. Aucoin, Department of Children and Their Families, Legal Department, Providence, RI, Jane E. Morgan, Department of Mental Health, Retardation and Hospitals, Cranston, RI, for Defendants.

DECISION AND ORDER

RONALD R. LAGUEUX, Senior District Judge.

This matter is before the Court on Defendants' Motion to Dismiss Plaintiffs' Amended Complaint, based on Rule 12(b)(1) of the Federal Rules of Civil Procedure. Plaintiffs are ten minor children who are (or were) in the legal custody of the State of Rhode Island's child welfare agency, the Department of Children, Youth and Families (hereinafter...

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