McTEAGUE v. SOSNOWSKI

No. 79-1383.

617 F.2d 1016 (1980)

McTEAGUE, Dolores, herself and on behalf of her minor children David and Allen, Appellant, v. SOSNOWSKI, Margaret, Individually and as the Commissioner of Philadelphia Department of Public Welfare; Boykin, Herbert, Individually and as the Director, Social Services of the Philadelphia Department of Public Welfare; Hoppes, Ronald, Individually and as a Caseworker with the Philadelphia Department of Public Welfare; Wright, Juanita, Individually and as a Supervising Caseworker with the Philadelphia Department of Public Welfare; O'Bannon, Secretary, Pennsylvania Department of Public Welfare.

United States Court of Appeals, Third Circuit.

Decided March 25, 1980.


Attorney(s) appearing for the Case

Richard J. Gold, Ann Shalleck (argued), Stephen F. Gold, Community Legal Services Law Center North Central, Philadelphia, Pa., for appellant.

Carl Vaccaro, Asst. Atty. Gen., John O. J. Shellenberger, 3rd, Deputy Atty. Gen., Eastern Regional Director, Edward G. Biester, Jr., Atty. Gen., Philadelphia, Pa., for appellee O'Bannon.

Mary Rose Cunningham (argued), Edward V. Schulgen, Asst. City Sol., Dept. of Public Welfare, Philadelphia, Pa., for appellees Sosnowski, Boykin, Hoppes and Wright.

Before GIBBONS, A. LEON HIGGINBOTHAM, Jr., and SLOVITER, Circuit Judges.


OPINION OF THE COURT

A. LEON HIGGINBOTHAM, Jr., Circuit Judge.

Federal courts have served as a haven for children and families when well-meaning government authorities injure them in violation of constitutional and statutory rights. Pursuing this long revered tradition Dolores McTeague sought relief in the federal courts, alleging that her family's "fundamental rights to family integrity" had been destroyed. The district court dismissed her action, acting...

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