D.G. ex rel. Strickland v. Yarbrough
278 F.R.D. 635
N.D. Okla.2011Background
- Named Plaintiffs filed a February 2008 § 1983 suit against DHS defendants challenging agency-wide foster care policies.
- In May 2009, the court certified a class of all children in DHS custody due to abuse/neglect or deprivation.
- The Tenth Circuit affirmed the class certification on interlocutory appeal; discovery has been completed.
- Defendants moved to decertify under Rule 23(c)(1)(C) and filed summary judgment.
- The court applies Wal-Mart’s commonality framework to assess whether class-wide relief is appropriate.
- Plaintiffs allege DHS policies or practices fail to monitor safety, creating significant harm or risk of harm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Commonality under Rule 23(a)(2) exists | Plaintiffs show a common risk/monitoring failure across DHS custody. | Evidence fails to show a class-wide common question due to variability. | Commonality satisfied; decertification denied. |
| DHS has a policy or practice causing harm | There is a policy/practice of failing to monitor safety causing harm/risk. | No proven policy; issues are individualized. | Court finds significant proof of a common policy/practice. |
| Other alleged common issues (placements, stays) | Issues like placement moves, placement options, and long stays are common. | These issues are not common to all class members. | Not certified as common issues. |
| Applicability of Wal-Mart framework | Wal-Mart supports identifying a common glue for class-wide resolution. | Wal-Mart requires a strong common reason tying claims together. | Wal-Mart framework governs analysis; standard applied. |
Key Cases Cited
- Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) (commonality requires a common question capable of class-wide resolution)
- Falcon v. General Motors, 457 U.S. 147 (1982) (commonality requires a common contention capable of class-wide resolution)
- J.B. v. Valdez, 186 F.3d 1280 (10th Cir. 1999) (one common question suffices for Rule 23(a)(2) under Tenth Circuit)
- DG ex rel. Stricklin v. DeVaughn, 594 F.3d 1188 (10th Cir. 2010) (class certification standards entwined with merits and discovery)
- Shook v. El Paso County, 386 F.3d 963 (10th Cir. 2004) (precedent on class certification standards in the Tenth Circuit)