Cantil-Sakauye

E.T. ex rel. E.T. v. Cantil-Sakauye

Good Law
682 F.3d 1121·2012 WL 763541
United States Court of Appeals for the Ninth CircuitSeptember 13, 2011No. 10-15248California1,865 words

Opinion

Lead Opinion

ORDER

The panel has decided to amend the opinion filed September 13, 2011. The opinion is withdrawn and a substituted opinion is filed concurrently with this order.

With the filing of the amended opinion, the panel has voted to deny the petition for rehearing and to reject the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc, and no judge of the court has requested a vote on the petition for rehearing en banc. Fed. R.App. P. 35(b).

The petition for rehearing is denied and the petition for rehearing en banc is rejected. No further petitions for rehearing will be entertained.

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…

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