Marisol v. Giuliani case brief summary
929 F. Supp. 662 (1996)
Plaintiff representatives of minor
children filed a civil rights action under 42 U.S.C.S. §
1983against defendants, city and state officials, for violation of
the children's rights under the state child welfare laws, and filed a
motion to certify the action as a class action. Defendant city
officials filed motions to dismiss the complaint and to bifurcate.
Defendant state officials filed a motion for a partial order of
CASE FACTS Eleven children suffered severe abuse
and neglect while under the care of a city child welfare agency.
Representatives brought a civil rights action under § 1983 on
behalf of the children (children) against city and state officials.
The court held:
1) that custodial children were entitled to pursue
their substantive due process claims for violations of their right to
be free from harm during foster care placements and their right to
associate with biological family members;
2) that custodial and
non-custodial children were entitled to pursue their procedural due
process claims for denial of entitlements under the state child
3) that the children were entitled to pursue their
claims under the Adoption Assistance and Child Welfare Act, 42
U.S.C.S. §§ 620-28, 670-79a, the Multiethnic Placement Act, 42
U.S.C.S. § 622(b)(9), the Child Abuse Prevention and Treatment
Act, 42 U.S.C.S. §§ 5101-06a, the Americans with Disabilities
Act, 42 U.S.C.S. § 12101 et seq., and § 504 of the
Rehabilitation Act, 29 U.S.C.S. §§ 794, 794a; and
The district court denied the city and state officials' motion to
dismiss and denied the city officials' motion to bifurcate. The
district court granted the representatives of the minor children's
motion for class certification.
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