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MILBURN v. ANNE ARUNDEL COUNTY DSS

No. 88-3916.

871 F.2d 474 (1989)

Charles MILBURN, Jr., a minor, by Charles B. MILBURN, his father and next friend, Plaintiff-Appellant, v. ANNE ARUNDEL COUNTY DEPARTMENT OF SOCIAL SERVICES; Esther Carpenter, individually, and as the Former Director of Anne Arundel County Department of Social Services; Elizabeth Tyler, individually, and as Supervisor, Anne Arundel County Department of Social Services; Sergio Alvarez, M.D.; North Arundel Hospital, a Maryland Corporation; Hazel Gent; Wendy L. Tucker; Karl T. Tucker; Baltimore City Hospitals; Anne Arundel County, Maryland, a Municipal Corporation; Judith F. Plymyer, individually, and as Caseworker, Anne Arundel County Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided March 31, 1989.

Rehearing Denied April 21, 1989.

Attorney(s) appearing for the Case

Vincent Anthony Mulieri, Annapolis, for plaintiff-appellant.

Ralph S. Tyler, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., Baltimore, Md., on brief), Ronald Gordon Dawson (A. Gwynn Bowie, Jr., Smith, Somerville & Case, Annapolis, Md., on brief), Deborah Sweet (Whiteford, Taylor & Preston, Barry J. Henderson, Baltimore, Md., Richard C. Burch, Mudd, Harrison & Burch, Guerdon Macy Nelson, Elijah Dale Adkins III, Anderson, Coe & King, Towson, Md., Neal M. Janey, City Sol., William R. Phelan, Jr., Sp. Sol., Baltimore, Md., David Samuel Bliden, Deputy County Sol., Annapolis, Md., on brief), for defendants-appellees.

Before WIDENER, CHAPMAN, and WILKINS, Circuit Judges.

WIDENER, Circuit Judge:

Charles Milburn appeals the decision of the district court dismissing his complaint against both the public and private defendants. As the complaint does not support a cause of action, we affirm.

Milburn was voluntarily placed by his parents in a foster home through the state placement system at the age of 23 months. The Maryland Department of Social Services placed him in the licensed foster home of Karl and Wendy Tucker, where he...

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