CPR and National Amici ask the Fourth Circuit to Overturn Dismissal in West Virginia Child Welfare Case

CPR recently partnered with national amici asking the Fourth Circuit to overturn the dismissal of class action litigation in Jonathan R. v. Morrissey.  The plaintiffs in Jonathan R. sought systemic relief for constitutional violations in West Virginia’s child welfare system while also raising claims on behalf of a subclass of youth with disabilities.   Amici argued that the Court’s unprompted dismissal, which occurred on the verge of trial, and it’s opinion that plaintiff’s claims were outside the scope of its judicial authority to resolve, constituted an extraordinary departure from federal courts’ longstanding recognition that children with disabilities may seek systemic relief from harmful governmental practices, and that court’s may order and approve such relief when necessary to redress violations under the Americans with Disability Act and Section 504 of the Rehabilitation Act.