# Lofton v. Secretary of the Department of Children & Family Services

> Court of Appeals for the Eleventh Circuit · January 28, 2004 · 377 F.3d 1275

URL: https://www.frixlaw.com/law-library/cases/9415821

## Case

- **Full name:** Steven LOFTON, Douglas Houghton, Timothy Acaro, Next Friend of John Doe and John Roe, Wayne Smith, Daniel Skahen, John Doe, John Roe, Minor Children, Plaintiffs-Appellants, Angela Gilmore, Et Al., Plaintiffs, v. SECRETARY OF THE DEPARTMENT OF CHILDREN AND FAMILY SERVICES, (Formerly H.R.S.), District Administrator, District XI of Florida Department of Children and Family Services, Defendants-Appellees, Charlie Crist, Attorney General of the State of Florida, Defendant, Robert Pappas, District Administrator, District X of Florida Department of Children and Family Services, Defendant-Appellee
- **Court:** Court of Appeals for the Eleventh Circuit
- **Decided:** January 28, 2004
- **Citations:** 377 F.3d 1275
- **Precedential status:** Published
- **Opinion:** Dissent by Anderson
- **Judges:** Edmondson, Tjoflat, Anderson, Birch, Dubina, Black, Carnes, Barkett, Hull, Marcus, Wilson, Pryor
- **Cited by:** 2 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9415821

## Opinion text

ANDERSON, Circuit Judge,
Dissenting from the Denial of Rehearing En Banc in which DUBINA, Circuit Judge, joins:
I agree with Judge Barkett that the cases she discusses in Section I of her comprehensive dissent indicate that the challenged provision of the Florida statute violates the Equal Protection Clause. For this reason, and because the issue is of exceptional importance, Fed.R.App.P. 35(a)(2), en banc rehearing should be granted.

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9415821. Public record. Not legal advice.