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SAM M. EX REL. ELLIOTT v. CHAFEE

C.A. No. 07-241-ML.

800 F.Supp.2d 363 (2011)

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; 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. Lincoln D. CHAFEE, in his official capacity as Governor of the State of Rhode Island; Steven M. Costantino, in his official capacity as Secretary of the Executive Office of Health and Human Services; and Kevin J. Aucoin, in his official capacity as Acting Director of the Department of Children, Youth and Families, Defendants.

United States District Court, D. Rhode Island.

July 20, 2011.

Attorney(s) appearing for the Case

Jametta O. Alston, Warwick, RI, John William Dineen, Providence, RI, Marcia Robinson Lowry, Susan Lambiase, Childrens' Rights, New York, NY, Vernon Winters, Greenberg Traurig, San Francisco, CA, Jared B. Bobrow, 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, Youth and Families, Providence, RI, Jane E. Morgan, Department of Mental Health, Retardation and Hospitals, Cranston, RI, for Defendants.

MEMORANDUM AND ORDER

MARY M. LISI, Chief Judge.

I. Introduction

The plaintiffs in this litigation are, or were, at the inception of this case, ten minor children who had been taken into the legal custody of the Rhode Island Department of Children, Youth and Families ("DCYF") because of a report or suspicion of abuse or neglect. The case, which was initiated by "Next Friends" on behalf of the plaintiffs, is intended as a class action suit for "all...

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