Tuesday, May 02, 2017

The one that got away

Years ago, Kurt Pomrenke and I had a case where we represented the former director of the Grayson County Department of Social Services. In that case, one of the issues was whether the local department of social services was a state agency for purposes of the Eleventh Amendment, and Judge Wilson concluded that it was. We filed a petition to the U.S. Supreme Court in that case, but not on that issue.

Today, in Pittsylvania Department of Social Services v. Gosney, the Court of Appeals in an opinion by Judge Petty, joined by Judges Humphreys and Chafin (so three of my favorites) held that a local department of social services is not a state agency for purpose of the application of the Administrative Process Act. And so, social services wins coming and going.

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