Willden

HENRY A. v. Willden

Good Law
678 F.3d 991·2012 WL 1561030·2012 U.S. App. LEXIS 9150
United States Court of Appeals for the Ninth CircuitMay 4, 201210-17680California9,522 words

Opinion

Opinion

Fletcher, J.

Plaintiff-appellants (“Plaintiffs”), a group of foster children in Clark County, Nevada, appeal the dismissal of their complaint pursuant to Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, we reverse the dismissal of Counts One, Two, Three, Eight, and Eleven; affirm the dismissal of counts Nine and Ten; and remand for further proceedings.

I. BACKGROUND

Plaintiffs brought this action under 42 U.S.C. § 1983 against State and County officials, alleging violations of their substantive due process rights under the Fourteenth Amendment and violations of their federal statutory rights under the Adoption Assistance and Child Welfare Act (CWA), 42 U.S.C. § 670 et seq.; the Child Abuse Prevention and Treatment Act (CAPTA), 42 U.S.C. § 5101 et seq.; and the Individuals with Disabilities Education Act (IDEA), 20 U.S.C. § 1431 et seq. Plaintiffs’ action consists of individual claims for damages and injunctive relief and class claims for injunctive relief.

The defendants (“Defendants”) named in the action are Clark County; Virginia Valentine, the Clark County Manager; Tom Morton, the Director of Clark County’s Department of Family Services; Diane ' Comeaux,…

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