Filed: May 20, 2025

Court: U.S. Court of Appeals for the Fourth Circuit

Overview: Amicus brief explaining that federal courts routinely issue broad systemic relief to remedy violations of federal disability rights laws. The U.S. District Court for the Southern District of West Virginia had the power to issue a system-wide injunction to end disability discrimination against children in West Virginia’s foster care system.

Excerpt: “Federal courts have the authority to determine that class certification is an appropriate vehicle for securing systemic injunctive relief under these statutes. Individual plaintiffs experiencing unnecessary segregation and institutionalization have standing to raise these types of claims. And Federal courts have the authority to enter orders for class-wide injunctive relief. . . Children with disabilities in West Virginia’s child welfare system will be irreparably harmed if this Court affirms the District Court’s improperly constrained concept of federal judicial authority. This outcome would constitute an extraordinary departure from federal courts’ longstanding recognition that children with disabilities may seek systemic relief from harmful governmental practices.”

Case Documents:

• Jonathan R. Amicus Brief