L.J. ex rel. Darr v. Massinga

838 F.2d 118
CourtCourt of Appeals for the Fourth Circuit
DecidedFebruary 1, 1988
DocketNo. 87-2156
StatusPublished
Cited by26 cases

This text of 838 F.2d 118 (L.J. ex rel. Darr v. Massinga) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
L.J. ex rel. Darr v. Massinga, 838 F.2d 118 (4th Cir. 1988).

Opinion

HARRISON L. WINTER, Chief Judge:

Plaintiffs, present or former foster children in the custody of the Baltimore City Department of Social Services, sued twenty-one state and city officials, caseworkers and supervisors who played a role in administering Maryland’s federally-funded foster care program in Baltimore City. They alleged that, as a result of defendants’ maladministration of the program, they were victims of physical and sexual abuse as well as medical neglect. They sought broad interim and permanent in-junctive relief to redress the deficiencies in the administration of the program and money damages.

[120]*120Defendants traversed the claims for in-junctive and monetary relief and also specially pled their good faith immunity to damages for plaintiffs’ claims prior to 1980 and our holding in Jensen v. Conrad, 747 F.2d 185 (4 Cir.1984), cert. denied, 470 U.S. 1052, 105 S.Ct. 1754, 84 L.Ed.2d 818 (1985).

The district court heard and decided defendants’ claim for qualified immunity and plaintiffs’ claim for interim injunctive relief. It granted a preliminary injunction requiring defendants to submit a plan for review of foster homes about which a report of maltreatment has been made, to monitor child placements in foster homes at least monthly and in some instances weekly, to expand its medical services to foster children including the keeping of medical records, and to provide prompt written reports of maltreatment of foster children to their attorneys and the juvenile court including the action taken thereon. It denied defendants’ claim of immunity, and it imposed attorneys’ fees and expenses as sanctions on defendants, in an amount yet to be determined, for their failure to comply with two court orders.

Defendants appeal, and we affirm.

I.

As a preliminary matter, we state our jurisdiction to entertain all aspects of this appeal. We, of course, have jurisdiction to review the grant of a preliminary injunction by the express language of 28 U.S.C. § 1292(a)(1). We also have jurisdiction to review the district court’s denial of defendants’ claim of qualified immunity under the holding in Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985). We proceed therefore to review the correctness of both rulings.

II.

In concluding to grant a preliminary injunction, the district court correctly considered each of the factors set forth in the leading case in this circuit, Blackwelder Furniture Co. v. Seilig Mfg. Co., 550 F.2d 189 (4 Cir.1977). There we held that four factors are to be considered: (1) the likelihood of irreparable harm to the plaintiff if the preliminary injunction is denied, (2) the likelihood of harm to the defendant if the requested relief is granted, (3) the likelihood that the plaintiff will succeed on the merits, and (4) the public interest. See Federal Leasing, Inc. v. Underwriters at Lloyd’s, 650 F.2d 495, 499 (4 Cir.1981). As Blackwelder set forth, the two most important factors are the likelihood of irreparable harm to the plaintiff if interim relief is not granted and the likelihood of irreparable harm to the defendant if interim relief is granted. The two factors should be weighed against one another, and if the balance is in favor of the plaintiff, it is proper to grant interim injunctive relief if grave or serious questions are presented for ultimate decision. Blackwelder, 550 F.2d at 196. See also Jones v. Bd. of Governors of Univ. of North Carolina, 704 F.2d 713, 715 (4 Cir.1983); Fort Sumter Tours, Inc. v. Andrus, 564 F.2d 1119, 1124-25 (4 Cir.1977).

The district court found that there was the likelihood of irreparable harm to the plaintiffs if interim relief were not granted on a dual basis. It found this likelihood as a matter of fact after conducting an evidentiary hearing at which it heard testimony and received other evidence, and it found this likelihood as a matter of law as a sanction for certain defaults and omissions on the part of defendants’ lawyers. Because we think that the factual finding of the likelihood of irreparable harm to plaintiffs is not clearly erroneous, we conclude that it is unnecessary for us to consider the appropriateness of the sanction that it be considered as established “that defendants fail to protect effectively children in foster homes where there is reason to know that such children are at risk of harm to their physical and emotional well-being.”1 We express no view of the appropriateness of the additional sanction of attorney’s fees and expenses in an amount yet to be determined. While the record reflects some defaults on the part of defendants’ counsel, we do not [121]*121think that this aspect of the case is properly before us until the amount and form of the sanction are fixed.

As a factual matter, plaintiffs presented a statistical study of the case records maintained by the officials on children in foster care prepared by an expert in research methodology and child welfare services. The study documented systemic problems in the Baltimore foster care program with grave consequences to children in the program and great likelihood of irreparable harm. In addition there was testimony by relatives and expert witnesses regarding the cases of sixteen children who had recently been severely abused or neglected, or both, while in foster care. Finally there was testimony from several experts on foster care to the effect that there were systemic deficiencies in the foster care program which placed the children at substantial risk of severe harm, including the testimony of two physicians experienced in the medical care provided to children in foster care, who concluded that defendants were failing to take responsible measures to ensure foster children essential and basic medical care, placing them at risk of severe diseases and other illnesses.

Defendants sought to counter this proof by attacking the methodology of the statistical sample and evidence of the so-called Report of the Harris Task Force, an internal study, which detailed deficiencies in the foster care program and made recommendations for their alleviation, together with proof of the corrective actions they had taken. As to the latter, the district court made full and persuasive findings as to why defendants’ responses to the problems identified by the Harris Task Force were ineffective and incomplete. We cannot say that these findings lack full evidentiary support. Nor do we think that plaintiffs’ statistical study was flawed or that its findings must be disregarded. In our view the statistical sample was significant. It was based on a random selection of 897 of the roughly 4,000 children in the foster program, which was further refined by the use of sampling criteria to a pool of 224 children. The district court found 15 well-founded cases of abuse or neglect in the sample and further indicated that the pool may contain up to 24 additional such cases. We see no abuse of discretion on the part of the district court in affording the study substantial probative value.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

L.J. v. Baltimore City Department of Social Services
633 F.3d 297 (Fourth Circuit, 2011)
Center for Individual Freedom, Inc. v. Ireland
613 F. Supp. 2d 777 (S.D. West Virginia, 2009)
Johnson Ex Rel. Estate of Cano v. Holmes
377 F. Supp. 2d 1084 (D. New Mexico, 2004)
Reid v. Johnson
333 F. Supp. 2d 543 (E.D. Virginia, 2004)
Allen, Allen, Allen & Allen v. Williams
254 F. Supp. 2d 614 (E.D. Virginia, 2003)
Manning v. Hunt
119 F.3d 254 (Fourth Circuit, 1997)
Marisol A. by Next Friend Forbes v. Giuliani
929 F. Supp. 662 (S.D. New York, 1996)
Norman v. McDonald
930 F. Supp. 1219 (N.D. Illinois, 1996)
Suter v. Artist M.
503 U.S. 347 (Supreme Court, 1992)
Pfoltzer v. County of Fairfax
775 F. Supp. 874 (E.D. Virginia, 1991)
Artist M. v. Gordon Johnson and Gary T. Morgan
917 F.2d 980 (Seventh Circuit, 1990)
In re D.G.
583 A.2d 160 (District of Columbia Court of Appeals, 1990)
Lipscomb ex rel. DeFehr v. Simmons
884 F.2d 1242 (Ninth Circuit, 1989)
Lipscomb v. Simmons
884 F.2d 1242 (Ninth Circuit, 1989)

Cite This Page — Counsel Stack

Bluebook (online)
838 F.2d 118, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lj-ex-rel-darr-v-massinga-ca4-1988.