Lipscomb v. Simmons

962 F.2d 1374 60 USLW 2697 Sheri LIPSCOMB, By and Through Her Next Friend, Carolyn DeFEHR; Autumn Scalf, & William Scalf, By and Through Their Next Friend Gloria Self, on Behalf of Themselves and All Others Similarly Situated, Plaintiffs-Appellants, v. Dan SIMMONS, Individually and in His Official Capacity as Acting Director, Department of Human Resources of the State of Oregon, & Jess Armas, Individually and in His Official Capacity as Acting Assistant Director, Department of Human Resources of the State of Oregon and Acting Administrator, Children's Services Division, Department of Human Resources of the State of Oregon, Defendants-Appellees. No. 87-4079. United States Court of Appeals, Ninth Circuit. Argued En Banc and Submitted Nov. 15, 1990. Decided April 27, 1992. Emily Simon and Mark Kramer, Esqs., Kramer & Fifthian-Barrett, Portland, Ore., for plaintiffs-appellants. Dave Frohnmayer, Atty. Gen. of the State of Ore., Virginia L. Linder, Sol. Gen., Rives Kistler, Asst. Atty. Gen., Salem, Ore., for defendants-appellees. Stephanie Wald, Supervising Deputy Atty. Gen., San Francisco, Cal., for amicus California Dept. of Social Services. Darryl L. Hamm, Morrison &…