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E.T. v. Cantil-Sakauye

Good Law
657 F.3d 902·2011 WL 4071057·2011 U.S. App. LEXIS 18867
United States Court of Appeals for the Ninth CircuitSeptember 13, 201110-15248California1,774 words

Opinion

Opinion

Plaintiff foster children appeal the dismissal of their class action lawsuit under 42 U.S.C. § 1983 , in which they allege that the caseloads of the Sacramento County Dependency Court and court-appointed attorneys are so excessive as to violate federal and state constitutional and statutory provisions. The district court abstained from adjudicating Plaintiffs’ claims. Based on O’Shea v. Littleton, 414 U.S. 488 , 94 S.Ct. 669 , 38 L.Ed.2d 674 (1974), we affirm. See Kaufman v. Kaye, 466 F.3d 83, 84 (2d Cir.2006).

I

A

Plaintiffs filed this action on behalf of themselves and a proposed class of roughly 5,100 foster children in Sacramento County. They allege that “crushing and unlawful caseloads” frustrate the ability of Dependency Courts to fairly and adequately hear their cases and of court-appointed attorneys to provide them effective assistance of counsel — -all to the childrens’ “enduring harm.” Their suit “seeks a Dependency Court for Sacramento’s abused and neglected children that comports with basic Due Process and the effective, adequate, and competent assistance of counsel for the children of Sacramento County in dependency proceedings.”

In their complaint,…

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