Kenny A. Ex Rel. Winn v. Perdue

532 F.3d 1209

• Court: Court of Appeals for the Eleventh Circuit
• Decided: September 2, 2010
• Docket: 06-15514
• Status: Published

Opinion

[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT SEPTEMBER 2, 2010 Nos. 06-15514 & 06-15874 JOHN LEY ________________________ CLERK

D. C. Docket No. 02-01686-CV-MHS-1

KENNY A., by his next friend Linda Winn, KARA B., by her next friend Linda Pace, MAYA C., by her next friend Linda Pace, PHELICIA D., by her next friend Theresa Roth, SABRINA E., by her next friend Rebecca Silvey, KORRINA E., by her next friend Rebecca Silvey, TANYA F., by her next friend Carol Huff, PRISCILLA G., by her Next Friend Roslyn M. Satchel, BRIANA H., by her next friend Linda Pace, on their own behalf and on behalf of all others similarly situated,

Plaintiffs-Appellees- Cross-Appellants,

versus

SONNY PERDUE, in his official capacity as Governor of the State of Georgia, DEPARTMENT OF HUMAN RESOURCES OF THE STATE OF GEORGIA, JAMES MARTIN, in his official capacity as Commissioner of the Department of Human Resources of the State of Georgia, DIVISION OF FAMILY AND CHILDREN SERVICES, Fulton County, BEVERLY JONES, in her official capacity as Director of the Fulton County Department of Family and Children Services, DEKALB COUNTY DFCS, WAYNE DRUMMOND, in his official capacity as Director of the DeKalb County Department of Family and Children Services,

Defendants-Appellants- Cross-Appellees,

FULTON COUNTY, DEKALB COUNTY,

Defendants.

________________________

Appeals from the United States District Court for the Northern District of Georgia _________________________

(September 2, 2010)

ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES

Before CARNES, WILSON and HILL, Circuit Judges.

PER CURIAM:

2 The district court’s order and judgment entered on October 3, 2006,

awarding the plaintiffs attorney’s fees, costs, and expenses is VACATED, and this

case is REMANDED for further proceedings consistent with the Supreme Court’s

decision and opinion in Perdue v. Kenny A. ex rel. Winn, — U.S. —, 130 S.Ct.

1662 (2010).