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ESTATE OF BAILEY BY OARE v. COUNTY OF YORK

No. 84-5231.

768 F.2d 503 (1985)

ESTATE OF Aleta V. BAILEY, by Richard OARE, Administrator and Cameron C.R. Bailey, Appellants, v. COUNTY OF YORK, York County Children and Youth Services and Ora G. Gruver, York County Children and Youth Services Administrator, Individually and in her official capacity.

United States Court of Appeals, Third Circuit.

Decided June 27, 1985.

Rehearing Denied July 19, 1985.

Attorney(s) appearing for the Case

Richard Oare (Argued), York, Pa., pro se.

Wentworth Darcy Vedder, Bishop Nichlas Kauffman Morris, Vedder & Ream, York, Pa., for appellants.

Robert G. Schwartz (Argued), Philadelphia, Pa., amicus curiae.

Roger T. Shoop (Argued), Thomas & Thomas, Harrisburg, Pa., for appellee County of York and York County Children and Youth Services.

John B. Mancke (Argued), Mancke, Lightman & Wagner, Harrisburg, Pa., for appellee Gruver, York County Children and Youth Services Administrator, individually and in her official capacity.

Before ADAMS, HIGGINBOTHAM and SLOVITER, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

I.

This action was brought pursuant to 42 U.S.C. § 1983 by Richard Oare, the administrator of Aleta V. Bailey's estate, and by Cameron C.R. Bailey, father of Aleta V. Bailey, against York County, York County Children and Youth Services (YCCYS), and Ora G. Gruver, the agency's administrator. In the complaint plaintiffs allege that Aleta Bailey's death from child abuse was the result of the actions...

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