SHERRARD v. OWENS

No. G79-482 CA5.

484 F.Supp. 728 (1980)

Wayne SHERRARD and Janet Sherrard, his wife, Plaintiffs, v. Donald S. OWENS, Judge of Probate Court, Ingham County, Lansing, Michigan; Michigan Department of Social Services, Family and Child Services of the Capitol Area, Inc.; Lucille Barber, Individually and as Employee Acting Director and Board Member of Family and Child Services of the Capitol Area, Inc.; Mary Ellen Heater, Individually and as Employee of Family and Child Services of the Capitol Area, Inc.; Barbara McLean, Individually and as Employee of Family and Child Services of the Capitol Area, Inc.; Timothy G. Holland, Attorney at Law, Individually and as guardian for Candace and Vernita Smith, Minors, Jointly and Severally, Defendants.

United States District Court, W. D. Michigan, S. D.

January 14, 1980.


Attorney(s) appearing for the Case

Gerald M. Stevens, Owosso, Mich., for plaintiffs.

Timothy G. Holland, John F. Fuzak, Frank J. Kelley, Atty. Gen., Lansing, Mich., for defendants.


OPINION AND ORDER

DOUGLAS W. HILLMAN, District Judge.

I.

Plaintiffs, Wayne Sherrard and Janet Sherrard ("Sherrards"), moved for declaratory relief and a preliminary injunction enjoining defendants from taking any further action with respect to two foster minor children, Candace and Vernita Smith. Plaintiffs further seek a writ of Habeas Corpus to produce the children and return them to plaintiffs. The complaint prays for damages in the amount of...

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