Connor B. ex rel. Vigurs v. Patrick
272 F.R.D. 288
D. Mass.2011Background
- Plaintiffs seek a class of all children now or later in DCF custody due to abuse or neglect by parents.
- Six named plaintiffs allege systemic failures in DCF leading to harms in placement, services, and permanency.
- Plaintiffs seek injunctive relief under the U.S. Constitution and AACWA.
- Court denied Defendants’ motions to dismiss on Jan. 4, 2011; Plaintiffs move to certify class and appoint counsel.
- Plaintiffs allege systemic deficiencies include staffing, placement management, case planning, and access to federal funding.
- Approximately 8,500 children in DCF custody are purportedly exposed to harm due to these systemic failures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Numerosity requirement | Plaintiffs exceed low threshold; class ~8,500. | Defendants may challenge numerosity but concede threshold met. | Numerosity satisfied. |
| Commonality | A single overarching risk of harm from systemic DCF failures affects all. | Individual harms require individualized proof. | Commonality satisfied; substantial shared risk shown. |
| Typicality | Named Plaintiffs’ claims arise from the same policy-driven harms as class members. | Harms may differ across class members; needs proof. | Typicality satisfied. |
| Adequacy of Representation | Counsel are experienced; named Plaintiffs aligned with class interests. | No adequate representation due to potential conflicts. | Adequacy satisfied. |
| Rule 23(b)(2) certification | Injunctive relief applicable to all via systemic reforms; cohesiveness exists. | Individualized relief issues undermine class-wide relief. | Certification under Rule 23(b)(2) appropriate. |
Key Cases Cited
- D.G. v. Devaughn, 594 F.3d 1188 (10th Cir.2010) (upheld class certification for foster children based on general applicability of practices)
- Baby Neal v. Casey, 43 F.3d 48 (3d Cir.1994) (class could include members not injured; common policy harms suffice)
- Marisol A. v. Giuliani, 126 F.3d 372 (2d Cir.1997) (nearly identical foster class; unitary course of conduct)
- In re PolyMedica Corp. Sec. Litig., 432 F.3d 1 (1st Cir.2005) (rigorous analysis not always necessary; merits may be probed at certification)
- In re New Motor Vehicles Canadian Export Antitrust Litig., 522 F.3d 6 (1st Cir.2008) (court may probe disputed premises at certification when premises disputed)