In a class action against the Oklahoma Department of Human Services claiming that the department's agency-wide foster care policies and practices exposed all class members to an impermissible risk of harm, the district court's order certifying a class is affirmed where: 1) plaintiffs presented more than conclusory statements that defendants' agency-wide monitoring policies and practices, or lack thereof, created a risk of harm shared by the entire class; 2) due to the common risk of harm and the common underlying legal theory for asserting that risk, the district court acted within its discretion to find that typicality was satisfied; and 3) the injunction sought by plaintiffs applied to the proposed class as a whole without requiring differentiation between class members.
Filed February 8, 2010
Opinion by Judge Baldock
Marsha Robinson Lowry, Children's Rights, New York, NY
Donald M. Bingham and Holly M. Hillerman, Riggs, Abney, Neal, Turpen, Orbison & Lewis, P.C., Tulsa, OK