LEONHARD v. UNITED STATES

No. 658, Docket 79-6218.

633 F.2d 599 (1980)

Thomas S. LEONHARD, Individually, and Thomas S. Leonhard, as Natural Parent and Legal Guardian of: Michael Leonhard, an Infant, Stephan Leonhard, an Infant, and Karen Leonhard, an Infant, Plaintiffs-Appellants, v. The UNITED STATES of America; United States Department of Justice; Hon. Griffin Bell, and His Predecessors in Office, to and Including Hon. John Mitchell, Individually and in Their Official Capacity; Thomas A. Kennelly, Individually and in His Official Capacity; Gerald Shur, Individually and in His Official Capacity; Benjamin R. Civiletti, Individually and in His Official Capacity; The United States Marshal's Service; Wayne B. Colburn, Individually and in His Official Capacity; Five Unknown Agents of the United States Department of Justice, Individually and in Their Official Capacity; John Cameron, Individually and in His Official Capacity; The New York State Department of Correctional Services; Benjamin Ward, and His Predecessors in Office from 1967, Individually and in Their Official Capacity; The New York State Board of Parole; Eugene Hammock, and His Predecessors in Office from 1967, Individually and in Their Official Capacity; The City of Buffalo; Samuel Giambrone, Individually and in His Official Capacity, Defendants-Appellees, and Pascal Calabrese, Individually and in His Official Capacity, Defendant.

United States Court of Appeals, Second Circuit.

Decided August 28, 1980.


Attorney(s) appearing for the Case

Alan R. Feuerstein, Buffalo, N.Y. (Martoche and Feuerstein, Buffalo, N.Y., on brief), for plaintiffs-appellants.

Anthony J. Steinmeyer, Atty., Dept. of Justice, Washington, D.C. (Richard J. Arcara, U.S. Atty., W.D. New York, Alice Daniel, Asst. Atty. Gen., Washington, D.C., on brief), for the United States and other federal defendants-appellees.

Gerald Ryan, Asst. Atty. Gen., New York City (Robert Abrams, Atty. Gen. of the State of New York, Cobby J. Shereff and Deborah L. Wolikow, New York City, Law Apprentices, on brief), for the New York State Dept. of Correctional Services and other state defendants-appellees.

Anthony C. Vaccaro, Asst. Corp. Counsel, Buffalo, N.Y. (Joseph P. McNamara, Corp. Counsel, Buffalo, N.Y., on brief), for defendants-appellees City of Buffalo and Samuel Giambrone.

Before FRIENDLY, MANSFIELD and KEARSE, Circuit Judges.


KEARSE, Circuit Judge:

Thomas Leonhard ("Leonhard"), suing in his own behalf and as legal guardian of his three children Michael, Stephan, and Karen Leonhard, appeal from the summary dismissal of their action, commenced in 1978 in the United States District Court for the Western District of New York, seeking money damages for the violation of his and his children's constitutional rights and for torts committed against the children resulting from the separation and...

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