McReynolds v. Richards-Cantave
| Decision Date | 08 December 2009 |
| Docket Number | Docket No. 07-2042-cv(L).,Docket No. 07-2084-cv(CON).,Docket No. 07-2636cv(CON). |
| Parties | Wilbur McREYNOLDS, Eddie Jones, Non-Party-Appellants, Conchita Jones, Plaintiff-Appellant, v. Joslin RICHARDS-CANTAVE, On behalf of himself and all others similarly situated, Khatira Hikmah, On behalf of herself and all others similarly situated, Khaliah Martin, On behalf of herself and all others similarly situated, Amanda Sherman, On behalf of herself and all others similarly situated, Theresa Logan, On behalf of herself and all others similarly situated, People United for Children, Inc., On behalf of themselves and all others similarly situated, Agatha Sibley, On behalf of herself and all others similarly situated, Cherry Mcclamy, On behalf of herself and all others similarly situated, Lesley Margerite Adams-Simien, Denise Johnson Burgess, Plaintiffs-Appellees, Lucille Delapenha, On behalf of herself and all others similarly situated, Candia Richards-Cantave, On behalf of herself and all others similarly situated, Jose Pena, Plaintiffs, The City of New York, Michael Bloomberg,<SMALL><SUP>*</SUP></SMALL> Mayor of the City of New York, Administration for Children's SERVICES, John B. Mattingly,<SMALL><SUP>**</SUP></SMALL> In his official capacity as Commissioner of the Administration for Children's Services, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Second Circuit |
Hagit Elul, Hughes, Hubbard & Reed LLP, New York, NY, for Plaintiff-Appellant Conchita Jones.
Wilbur McReynolds, Fayette, AL, pro se.
Joan P. Gibbs, (Esmeralda Simmons, Timeko Overton, of counsel), Center for Law and Social Justice, Brooklyn, NY, for Plaintiffs-Appellees Joslin Richards-Cantave, Khatira Hikmah, Khaliah Martin, Amanda Sherman, Theresa Logan, People United for Children, Inc., Agatha Sibley, Cherry McClamy, Lesley Margerite Adams-Simien, and Denise Johnson Burgess.
Susan Choi-Hausman, , Corporation Counsel of the City of New York, New York, NY, for Defendants-Appellants, the City of New York, Michael Bloomberg, Administration for Children's Services, and John B. Mattingly.
Before: MINER, CABRANES, and HALL, Circuit Judges.
This is an appeal from a judgment entered in the United States District Court for the Southern District of New York (Duffy, J.) approving a settlement agreement in a class action certified pursuant to Federal Rule of Civil Procedure 23(b)(2). In the action, class plaintiffs challenged policies adopted by the New York City Administration for Children's Services ("ACS") relating to the removal of children from their homes in cases of abuse and neglect. Named as defendants are the City of New York ("City"), then-mayor of the City Rudolph Giuliani, and ACS Commissioner Nicholas Scoppetta (collectively, "defendants"). At a fairness hearing held by the District Court, plaintiff-appellant Conchita Jones ("Jones") and non-party appellant Wilbur McReynolds ("McReynolds") objected to the proposed settlement agreement.1 The District Court determined inter alia, that Jones had opted out of the class, and the court entered judgment on February 26, 2007, approving the settlement agreement, which provided for declaratory and injunctive relief to the class as a whole.
Jones and McReynolds, both acting pro se, filed a timely notice of appeal of the February 26, 2007 judgment. On August 3, 2007, this Court granted Jones' motion to proceed in forma pauperis and for appointment of counsel to brief "among any other issues, whether Appellant Conchita Jones opted out of the settlement agreement." This Court appointed pro bono counsel on March 31, 2008.
On appeal, Jones claims that the District Court erred in finding that she had opted out of the class settlement and in removing her as a class representative on the basis of that finding. Jones also asserts that the District Court accordingly failed to consider her objections to the class settlement. McReynolds claims that the notice of the settlement hearing was insufficient to alert potential class members; that the settlement was not fair, adequate, or reasonable; that there is no compensatory relief provided in the class settlement; and that the settlement contains an ambiguous provision in the release of class claims. For the following reasons, we conclude that the District Court erred in finding that Jones had opted out and, consequently, in removing her as class representative, but nevertheless we hold that the error was harmless. With respect to the agreement, we hold that it was fair, adequate, and reasonable, although the text of the release provision does not comport with the undisputed intent of the parties. We therefore affirm the order approving the settlement but remand for the District Court to direct the parties to modify the release provision accordingly.
In March 1999, People United for Children ("PUC"), a non-profit organization that "conducts support group meetings for individuals who have lost custody of their children to [ACS]," and a number of African American plaintiffs, including plaintiff-appellant Jones, filed a complaint, pursuant to 42 U.S.C. §§ 1983, 1988, against defendants in the United States District Court for the Southern District of New York. The complaint, as later amended, alleged ten causes of action for violations of due process, equal protection, and parental, privacy, cultural, and religious rights, as well as claims of discrimination, under the New York State and United States Constitutions.
The amended complaint primarily alleged as unconstitutional the defendants' practice of removing or threatening removal of children from the homes of African-American and Latino parents and guardians where there was "no `imminent danger to the child's life or health,' without completely investigating allegations of child neglect and abuse, without offering or providing preventive services, without prior notice, without being fully and adequately informed of their rights, without a judicial hearing and/or any opportunity to be otherwise meaningfully heard." The amended complaint sought declaratory and injunctive relief, in addition to nominal and compensatory damages.
On July 18, 2000, the District Court granted in part and denied in part the City's motion to dismiss the amended complaint. The District Court dismissed the plaintiffs' religious discrimination claims but permitted the plaintiffs to proceed with their remaining claims. See People United for Children, Inc. v. City of N.Y., 108 F.Supp.2d 275, 302 (S.D.N.Y.2000).
On April 21, 2003, the District Court issued an order certifying the following class and subclasses of plaintiffs pursuant to Federal Rule of Civil Procedure 23(b)(2):
African American or black parents or persons legally responsible for the care of children within the City of New York, who are subject to the Administration for Children's Services' policy of resolving "any ambiguity regarding the safety of a child ... in favor of removing the child from harm's way" and returning children to their parents or guardians "only when families demonstrate to the satisfaction of ACS that their children are safe and secure," and who have [been] or will be:
(i) threatened with the removal of their children following allegations of child neglect or abuse by the Administration for Children's Services without a proper investigation as to whether their children will be in danger if they remain in the custody of their parents;
(ii) subjected to the removal of their children following allegations of child neglect or abuse by the Administration for Children's Services without a proper investigation as to whether their children will be in danger if they remain in the custody of their parents;
(iii) subjected to the removal of their children from their custody following allegations of child neglect or abuse without notice and opportunity to be heard in Family Court;
(iv) subjected to the removal of their children and not provided with procedures, programs, or services for retaining or regaining custody of their children; and/or
(v) subjected to the removal of their children and despite having successfully completed the available programs or services for regaining the custody of their children, have not had their children returned to them.
The certification order also provided that "the statistical reports and anecdotal evidence appear to support the inference that there is an aggrieved class of African American or black parents," over Latino or white parents, generally.2 By order entered September 3, 2003, the District Court found that Jones and others were adequate class representatives for subclass (ii), which was comprised of African-American parents or guardians whose children were removed by ACS without a proper investigation as to whether their children were in danger if they remained in the custody of their parents.
After two years of negotiations, in which Jones did not participate, PUC and defendants reached a proposed settlement agreement. The District Court preliminarily approved a stipulation of settlement by order of October 24, 2005. The District Court also approved the content of the notice and the method of giving notice to class members of the proposed settlement. A fairness hearing was scheduled for December 5, 2005.
On February 2, 2006, the District Court sua sponte issued an order removing Jones as a class representative following its finding that her claims were moot because her son was no longer a minor in foster care and her parental rights over her daughter had been terminated on motion of the ACS in New York State Family Court. Jones and McReynolds both filed a notice of appeal as to that order, but this Court dismissed the appeal sua sponte for lack of jurisdiction. On February 26, 2007, the District Court issued an order (the "Order") finding that Jones had opted out of the class action at the fairness...
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...reasonableness of settlement in light of best possible recovery and in light of litigation risks. See also McReynolds v. Richards-Cantave, 588 F.3d 790 (2d Cir. 2009).--------Notes:[1] See National Criminal Justice Reference Service, "Videotape on Trial—A View From the Jury Box" (1979), htt......