John Conyers, Jr.
Voting is beautiful, be beautiful ~ vote.©
Judge Young is raising the bar for reform as the current adversarial models of litigation do nothing but pump more money into a dysfunctional system. There needs to be a new approach to child welfare. A good place to start would be an economic departure from the out-dated-sunken-costs legal arguments."This is a dispiriting opinion to write. In allegingviolations of substantive due process, the Plaintiffs setthemselves to climb a virtually unscalable peak. They havefailed in the ascent. Nothing is really resolved. The statedefendants today avoid the litigation bullet but the stage isset for further costly litigation as all attempts at settlementhave failed.In the process, the Court may have done a disservice to thehundreds of overworked, underpaid, and underappreciated caseworkers and foster home providers whose dedication has neverbeen questioned here. There is, of course, a certain aridity inmarshalling the statistics necessary to sustain or refute theclass-wide institutional claims made in this case.Yet this is not a case about statistics but about children-- our children -- and this much is clear, the flaws notedherein are more about budgetary shortfalls than managementmyopia. We are all complicit in this financial failure.When next you bemoan your tax burden, remember that, atthat moment, somewhere in Massachusetts there is a youngster whoCase 1:10-cv-30073-WGY Document 373 Filed 11/22/13 Page 83 of 84 84has just been taken from her parents’ home.43 She is confused,inexpressibly lonely, homesick, and desperately afraid. Becauseof Massachusetts’ penury, her future is murkier than in mostplaces in America.Do you care?"/s/ William G. YoungWILLIAM G. YOUNGDISTRICT JUDGE
Does a state's failure to protect an individual against private violence constitute a violation of the Due Process Clause of the Fourteenth Amendment?
"No. The Due Process Clause does not impose a special duty on the State to provide services to the public for protection against private actors if the State did not create those harms. "The Clause is phrased as a limitation on the State's power to act, not as a guarantee of certain minimal levels of safety and security; while it forbids the State itself to deprive individuals of life, liberty, and property without due process of law, its language cannot fairly be read to impose an affirmative obligation on the State to ensure that those interests do not come to harm through other means."
John Conyers, Jr.
|"Had a great afternoon with Steven Tyler - thank you for always fighting for artists, sticking up for creators, and for the complimentary office drum session!", says John Conyers, Jr,|