United States Fourth Circuit

The district court's denial of the parties' cross-motions for summary judgment in a class action challenging South Carolina's reduction of monthly adoption assistance benefits is reversed and remanded, where: 1) the statute, 41 U.S.C. section 673(a)(3), does set forth a privately enforceable right; but 2) plaintiffs have failed to plead any violation of that right by the defendant-directors; and therefore; 3) defendant-directors are entitled to qualified immunity.

Appellate Information

• Decided 07/03/2013
• Published 07/03/2013

Judges

• MOTZ

Court

• United States Fourth Circuit

Counsel