ERNST v. CHILD & YOUTH SERVICES OF CHESTER COUNTY

Nos. 93-1929, 93-1930 and 94-1273.

108 F.3d 486 (1997)

Sylvia ERNST, Appellant in No. 93-1929, v. CHILD AND YOUTH SERVICES OF CHESTER COUNTY; Carol Schravazande; Arden Olson; Wayne Stevenson; Rita Borzillo; The Judiciary of the Commonwealth of Pennsylvania; *Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. *(Amended as per the Court's 5/31/96 Order). Sylvia ERNST v. CHILD AND YOUTH SERVICES OF CHESTER COUNTY; Carol Schravazande; Arden Olson, Wayne Stevenson; Rita Borzillo; The Judiciary of the Commonwealth of Pennsylvania; *Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, Appellant in No. 93-1930. *(Amended as per the Court's 5/31/96 Order). Sylvia ERNST v. CHILD AND YOUTH SERVICES OF CHESTER COUNTY; Carol Shravazande; Arden Olson, Wayne Stevenson; Rita Borzillo; The Judiciary of the Commonwealth of Pennsylvania; *Sylvia Ernst, Administrator of the Estate of Susanne Ernst, for Susanne Ernst. Rita K. Borzillo, Esq., Appellant. *(Amended as per the Court's 5/31/96 Order).

United States Court of Appeals, Third Circuit.

Decided March 12, 1997.


Attorney(s) appearing for the Case

Edward A. Hartnett (Argued), Seton Hall University School of Law, Newark, NJ, for Sylvia Ernst, Appellant in No. 93-1929.

Robert B. Gidding (Argued), Bala Cynwyd, PA, for Sylvia Ernst, Cross Appellee in Nos. 93-1930 and 94-1273.

Thomas L. Whiteman (Argued), Office of County Solicitor, West Chester, PA, for Carol Schravazande, Appellee/Cross Appellant.

Joseph P. Green, Jr. (Argued), Duffy & Green, West Chester, PA, for Rita Borzillo, Appellee/Cross Appellant.

David M. Donaldson (Argued), Supreme Court of Pennsylvania, Administrative Office of PA Courts, Philadelphia, PA, for Judiciary of the Commonwealth of Pennsylvania, Appellee/Cross Appellant.

Thomas W. Corbett, Jr., Attorney General, Gregory R. Neuhauser (Argued), Senior Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Office of Attorney General of PA, Harrisburg, PA, for Commonwealth of Pennsylvania, Amicus Curiae/Appellee/Cross Appellant.

Before: STAPLETON, GREENBERG, and ALDISERT, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge.

A grandmother alleges in this civil rights action that she was deprived of the custody of her granddaughter for five years in violation of rights secured by the Constitution. The defendants are Chester County Children & Youth Services ("CYS"), individual CYS caseworkers, and an attorney retained by CYS to represent it in the judicial proceedings that transferred custody to the state. We are called...

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