child protection - seizure of children - due process - preclusion

CT
Chuck Thompson
Tue, Jan 5, 2021 8:12 PM

I suppose one of the great joys of dealing in child protective services where there are lots of children is the opportunity to defend the same claims each time a child reaches the age of majority and can sue.  Today the 10th Circuit helped to put some of that joy away when it concluded that a suit on the same claims and facts by younger siblings that was previously dismissed when older siblings first brought suit could similarly be dismissed.  In addition, the court noted that in dismissing the earlier suits it had mentioned that some claims sought to be litigated had not been well pled so was not surprised when those claims showed up in the younger children's claims.  But, these too failed for various reasons.  https://www.ca10.uscourts.gov/opinions/19/19-1391.pdf

Charles W. Thompson, Jr.
General Counsel & Executive Director
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Plan Ahead!

IMLA's 2021 Mid-Year Seminarhttps://imla.org/seminars/, April 23-26, 2021 in Washington, DC!
IMLA's 86th Annual Conferencehttps://imla.org/annual-conference/, Sept. 29-Oct. 3, 2021 in Minneapolis, MN!

I suppose one of the great joys of dealing in child protective services where there are lots of children is the opportunity to defend the same claims each time a child reaches the age of majority and can sue. Today the 10th Circuit helped to put some of that joy away when it concluded that a suit on the same claims and facts by younger siblings that was previously dismissed when older siblings first brought suit could similarly be dismissed. In addition, the court noted that in dismissing the earlier suits it had mentioned that some claims sought to be litigated had not been well pled so was not surprised when those claims showed up in the younger children's claims. But, these too failed for various reasons. https://www.ca10.uscourts.gov/opinions/19/19-1391.pdf Charles W. Thompson, Jr. General Counsel & Executive Director D: 202-742-1016 P: (202) 466-5424 x7110 M: (240)-876-6790 [facebook icon]<https://www.facebook.com/InternationalMunicipalLawyersAssociation/>[twitter icon]<https://twitter.com/imlalegal>[linkedin icon]<https://www.linkedin.com/company/international-municipal-lawyers-association-inc./> [logo]<https://imla.org/> 51 Monroe St. Suite 404 Rockville, MD, 20850 www.imla.org<http://www.imla.org/> Plan Ahead! IMLA's 2021 Mid-Year Seminar<https://imla.org/seminars/>, April 23-26, 2021 in Washington, DC! IMLA's 86th Annual Conference<https://imla.org/annual-conference/>, Sept. 29-Oct. 3, 2021 in Minneapolis, MN!