Kenny A. v. Sonny Perdue, (11th Cir. 2010)

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[PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED

U.S. COURT OF APPEALS

ELEVENTH CIRCUIT

SEPTEMBER 2, 2010

Nos. 06-15514 & 06-15874

JOHN LEY

CLERK

D. C. Docket No. 02-01686-CV-MHS-1

KENNY A., by his next friend Linda Winn,

KARA B., by her next friend Linda Pace,

MAYA C., by her next friend Linda Pace,

PHELICIA D., by her next friend Theresa Roth,

SABRINA E., by her next friend Rebecca Silvey,

KORRINA E., by her next friend Rebecca Silvey,

TANYA F., by her next friend Carol Huff,

PRISCILLA G., by her Next Friend Roslyn M.

Satchel,

BRIANA H., by her next friend Linda Pace, on their

own behalf and on behalf of all others similarly

situated,

Plaintiffs-Appellees-

Cross-Appellants,

versus

SONNY PERDUE, in his official capacity as Governor

of the State of Georgia,

DEPARTMENT OF HUMAN RESOURCES OF THE STATE OF

GEORGIA,

JAMES MARTIN, in his official capacity as

Commissioner of the Department of Human Resources of the State of Georgia, DIVISION OF FAMILY AND CHILDREN SERVICES, Fulton County, BEVERLY JONES, in her official capacity as Director of the Fulton County Department of Family and Children Services, DEKALB COUNTY DFCS, WAYNE DRUMMOND, in his official capacity as Director of the DeKalb County Department of Family and Children Services, Defendants-Appellants Cross-Appellees, FULTON COUNTY, DEKALB COUNTY, Defendants.

Appeals from the United States District Court for the Northern District of Georgia (September 2, 2010) ON REMAND FROM THE SUPREME COURT OF THE UNITED STATES Before CARNES, WILSON and HILL, Circuit Judges.

PER CURIAM: The district court’s order and judgment entered on October 3, 2006, awarding the plaintiffs attorney’s fees, costs, and expenses is VACATED, and this case is REMANDED for further proceedings consistent with the Supreme Court’s decision and opinion in Perdue v. Kenny A. ex rel. Winn, — U.S. —, 130 S.Ct.

1662 (2010).

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