WHELEHAN v. COUNTY OF MONROE

No. CIV-81-135B(E).

558 F.Supp. 1093 (1983)

James WHELEHAN, Individually, Kathleen Whelehan, Individually, Maura Whelehan, by her Parents and Natural Guardians, James Whelehan & Kathleen Whelehan, Margaret Whelehan, by her Parents and Natural Guardians, James Whelehan and Kathleen Whelehan, Plaintiffs, v. The COUNTY OF MONROE, the Department of Social Services of the County of Monroe, the Monroe County Sheriff, Gabriel T. Russo, Individually and in his capacity as Commissioner of the Department of Social Services of the County of Monroe, W. Burton Richardson, Individually and in his capacity as an employee of and/or Commissioner of the Department of Social Services of the County of Monroe, Leonora Simmons, Individually and in her capacity as a Caseworker and Employee with and of the Department of Social Services of the County of Monroe, Paul Caccamise, Individually and in his capacity as a Child Protective Supervisor and Employee of and with the Department of Social Services of the County of Monroe, Celeste Ciaccia, Individually and as a Caseworker and Employee of and with the Department of Social Services of the County of Monroe, Anthony Yazback, Individually and in his capacity as Chief of Detectives and as an Employee of and with the Monroe County Sheriff, Ronald A. Giacobbe, Individually and as an Employee, Assistant, Agent and/or Deputy of the Sheriff of the County of Monroe, Leon Hill, Individually and as an Employee, Assistant, Agent and/or Deputy of the Sheriff of the County of Monroe, Philip Knight, Individually and as an Employee, Assistant, Agent and/or Deputy of the Sheriff of the County of Monroe, Russell Coon, Individually and as an Employee, Assistant, Agent and/or Deputy of the Sheriff of the County of Monroe, Stephen Epstein, Individually and as Attorney for and Employee of the Department of Social Services of the County of Monroe, Defendants.

United States District Court, W.D. New York.

February 22, 1983.


Attorney(s) appearing for the Case

Edwin R. Schulman, Rochester, N.Y., for plaintiffs.

Nina T. Kermisch, Rochester, N.Y., for defendants.


MEMORANDUM and ORDER

ELFVIN, District Judge.

BACKGROUND

This civil rights litigation concerns events arising from determinations made in 1979 by certain pediatricians that the urine of infant plaintiff Maura Whelehan contained sperm cells. Upon lawful referral of this information to the authorities, various defendants allegedly took measures and conducted themselves in ways which plaintiffs assert deprived them of the due process of the law and...

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