Wednesday, August 12, 2009

Appeal to Reinstate Lawsuit

Rhode Island’s child advocate asked a federal appeals court to reinstate a lawsuit that seeks an overhaul of the state’s foster-care system.

A federal judge earlier this year had dismissed the complaint, which alleged systemic abuse and neglect of some of the roughly 3,000 children in state custody.

The lawsuit, which sought class-action status, named 10 children as plaintiffs. Because minors cannot bring federal lawsuits on their own, Rhode Island Child Advocate Jametta Alston and Children’s Rights, a national advocacy group, appointed a group of adults to represent the children’s interests in court.

But US District Judge Ronald Lagueux dismissed the suit in April, saying the adults did not have close enough relationships with the children to act on their behalf.

Alston and Children’s Rights appealed to the US Court of Appeals for the First Circuit, in Boston.

Full Article and Source:
Advocate seeks to revive R.I. foster-care lawsuit

See also:
Judge Dismissed Suit

7 comments:

LoriView said...

Kidnappers have more rights than children. Why is that?

Anonymous said...

The judge dismissed the lawsuit because of a technicality, not on the basis of the complaint.

I wish to heck that judges would pay attention to the reason for the suit instead of a way to get out of hearing it for a change.

Anonymous said...

This is very distrubing. I think this litigation needs to continue in order to get the facts out, if not by adults who in good faith are willing to represent the children who by law cannot bring lawsuits on their own, then by who?

What is the statute of limitations?

Can these children benefit from passage of time, being forced to wait until they are adults in order to bring legal action?

I hope this legal maze, this road to nowhere is not intented, not by design to keep the children silenced while the alleged abuse and neglect continues.

Anonymous said...

This is a nightmare that will go on for how long? Credit to all who are working on this on behalf of the children, the plaintiffs, including those who are drafting all of the complaints and appeals. I can't imagine the disappointment and frustrations of hearing these decisions.

Anonymous said...

I'm glad this lawsuit was reinstated, but at what cost?

Anonymous said...

I pray this suit is successful.

Anonymous said...

Good luck to the children and to those adults who care enough to act on their behalf.