Legal Opinion

M. D. Ex Rel. Stukenberg v. Abbott

Court of Appeals for the Fifth Circuit

Decided October 18, 2018No. 18-40057PublishedCited by 70 opinions

1Opinion of the Court

EDITH BROWN CLEMENT, Circuit Judge:

*243 Plaintiffs, a certified class of minor children in the Permanent Managing Conservatorship of the Department of Family Protective Services ("DFPS") in Texas, filed suit under 42 U.S.C. § 1983 seeking injunctive relief against the Governor of Texas, the Executive Commissioner of the Texas Health and Human Services Commission, and the Commissioner of DFPS (collectively "the State"). They allege that the State's maintenance of its foster care system exposes them to a serious risk of abuse, neglect, and harm to their physical and psychological well-being. The…

2Cases cited80 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Estelle v. GambleSupreme Court of the United States · 1976
  3. Farmer v. BrennanSupreme Court of the United States · 1994
  4. Kentucky v. GrahamSupreme Court of the United States · 1985
  5. Bell v. WolfishSupreme Court of the United States · 1979

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3Cited by70 opinions

  1. First Midwest Bank v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2021
  2. Nichole Sanchez v. Young County, Texas, etCourt of Appeals for the Fifth Circuit · 2020
  3. Bonny Edward Taylor v. Henry P. HughesCourt of Appeals for the Eleventh Circuit · 2019
  4. Daves v. Dallas CountyCourt of Appeals for the Fifth Circuit · 2022
  5. Lefebure v. D'aquilaCourt of Appeals for the Fifth Circuit · 2021

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