Connor B. Ex Rel. Vigurs v. Patrick
2014 U.S. App. LEXIS 23510
1st Cir.2014Background
- Six named plaintiffs represent about 8,500 foster children in Massachusetts in a class action alleging due process, familial association, and AACWA rights violations by DCF.
- The district court granted judgment on the record for the defendants under Fed. R. Civ. P. 52(c), finding no class-wide constitutional violations and denying injunctive relief.
- Massachusetts reforms pre- and post-2010, including modernization efforts by DCF, kinship placement improvements, and enhanced screening processes.
- Despite past abuses, the district court noted substantial improvements and that over 99% of children in care were protected from maltreatment in most years, with declines in reentry and maltreatment rates over time.
- The court conducted a Youngberg-based substantive due process analysis, concluding the six identified rights framework was not violated and that deference to professional judgment applies, so no injunction was warranted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the class shows a constitutional violation under substantive due process. | Connor B. argues systemic failure harms the class. | Patrick contends no class-wide violation; decisions are professional judgments. | No class-wide Youngberg violation; standard not met |
| Whether the district court erred on the familial association claim. | Massachusetts failed to facilitate meaningful family contact. | Massachusetts substantially complied with federal law and professional judgment. | No constitutional departure from professional judgment; no class-wide violation |
| Whether procedural due process rights were violated in DCF determinations. | Notice and hearing timelines were not uniformly followed. | State law timelines exist; federal process not violated given Mathews balancing. | No federal procedural due process violation; regulation backstops insufficient to show due process violation |
| Whether AACWA claims show a class-wide failure to provide individualized case plans. | Significant percentages lacked case plans or had incomplete ones. | Most children had plans; gaps not a grave statutory error; substantial compliance overall. | No class-wide AACWA violation; adequate plans exist for the majority |
Key Cases Cited
- Youngberg v. Romeo, 457 U.S. 307 (U.S. 1982) (professional judgment standard; minimal due process protections in institutional care)
- DeShaney v. Winnebago Cnty. Dept. of Social Servs., 489 U.S. 189 (U.S. 1989) (state has no duty to protect absent a special relationship unless due process triggered)
- Cty. of Sacramento v. Lewis, 523 U.S. 833 (U.S. 1998) (shocks-the-conscience standard for due process in state action)
- J.R. v. Gloria, 593 F.3d 73 (1st Cir. 2010) (assumption of special relationship with foster children for due process analysis)
- Horne v. Flores, 557 U.S. 433 (U.S. 2009) (federalism concerns in institutional reform and deference to state decisions)
- eBay Inc. v. MercExchange, L.L.C., 547 U.S. 388 (U.S. 2006) (equitable relief requirements for injunctions)
- Troxel v. Granville, 530 U.S. 57 (U.S. 2000) (familial liberty interests and substantive due process)
- Parker v. Hurley, 514 F.3d 87 (1st Cir. 2008) (familial integrity in constitutional context)