United States Eighth Circuit

A class certification order in an action brought by present and former female patients a state's residential mental health facilities claiming that defendants-officials failed to protect them from certain sexual and physical assaults, and failed to adequately treat their mental illnesses and developmental disabilities, is vacated where plaintiffs failed to satisfy the requirements of Article III and Rule 23, and the district court abused its discretion in presuming the requirements were satisfied.

Appellate Information

• Decided 08/15/2006
• Published 08/15/2006

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BOWMAN and SMITH, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Douglas D. Dexter, argued, Lincoln, NE (David D. Cookson, Lincoln, on the brief), for appellant.


• For Appellees:
  
• Matt D. Schulz, argued, Lincoln, NE (Mike J. Eisken, Lincoln, on the brief), for appellee.