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DUCHESNE v. SUGARMAN

No. 894, Docket 76-7475.

566 F.2d 817 (1977)

Josephina DUCHESNE as Administratrix of the Estate of Pauline Perez et al., Plaintiffs-Appellants, v. Jule M. SUGARMAN et al., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 28, 1977.

As Amended on Denial of Rehearing November 8, 1977.

Attorney(s) appearing for the Case

Lisa H. Blitman, New York City, for plaintiffs-appellants.

Frederick J. Magovern, New York City (Bodell & Magovern, New York City), for defendants-appellees The New York Foundling Hospital and St. Joseph's Home of Peekskill.

L. Kevin Sheridan, New York City (W. Bernard Richland, Corp. Counsel, New York City), for Municipal Official defendants-appellees.

Before WATERMAN and GURFEIN, Circuit Judges, and BLUMENFELD, District Judge.

BLUMENFELD, District Judge:

This is a civil rights action brought pursuant to 42 U.S.C. § 1983 seeking money damages. The gravamen of the claim is the allegedly unlawful and unconstitutional assumption and retention of the custody of two minor children without their mother's consent and without benefit of a hearing or court order. The action was initiated in August 1972 by Pauline Perez on behalf of herself and her two minor children. Named as defendants were...

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