WELLER v. DEPT. OF SOC. SERV. FOR CITY OF BALTIMORE

No. 89-3253.

901 F.2d 387 (1990)

Clifton William WELLER, III, Individually and as father and next friend of Clifton William Weller, IV, minor and Matthew Charles Weller, minor, Plaintiff-Appellant, v. DEPARTMENT OF SOCIAL SERVICES FOR the CITY OF BALTIMORE; Juvenile Services Administration, Department of Health and Mental Hygiene for the State of Maryland; James S. Becker, Individually and in his capacity as Special Assistant City Solicitor and Attorney for the Department of Social Service of Baltimore City; Benjamin Brown, Individually and in his capacity as city Solicitor for the City of Baltimore Law Department; Ruth Massinga, Individually and in her capacity as Secretary of the Department of Human Resources for the State of Maryland; Department of Human Resources for the State of Maryland; Frank Farrow, Individually and in his capacity as Executive Director of the Maryland Social Services Administration; George G. Musgrove, Individually and in his capacity as Director of the Baltimore City Department of Social Services; Dorothy Maxine Rosinski, Individually and in her capacity as Acting Chief, Child Protective Services Division, Baltimore City Department of Social Services; Dee Ann Ritterpusch, Individually and in her capacity as Social Worker and Case Worker, Child Protective Service Division, Baltimore City Department of Social Services; Beverly Williams, Individually and in her capacity as Social Worker and/or Supervisor, Child Protective Services Division, Baltimore City Department of Social Services; Carl Cobbs, Individually and in his capacity as Social Worker, Child Protective Service Division, Baltimore City Department of Social Services; Carl Smith, Individually and in his capacity as Social Worker and/or Supervisor, Child Protective Services Division, Baltimore City Department of Social Services; Michael McCausey, Individually and in his capacity as Division 1 Chief Child Protective Services Division, Baltimore City Department of Social Services; Herman Ambrose Cornish, Individually and in his capacity as Supervisor, Child Protective Services Division, Baltimore City Department of Social Services; Marie B. Morris, Individually and in her capacity as Extended Hours Staff Workers, Child Protective Services Division, Baltimore City Department of Social Services; Sheila Dennis, Individually and in her capacity as District Supervisor, Child Protective Services Division, Baltimore City Department of Social Services; Alvin Parks and Bonita Winder, Individually and in their capacity as Extended Hours Staff Workers, Child Protective Services Division, Baltimore City Department of Social Services; Lisa Young, Individually and in her capacity as Screening Staff Worker, Child Protective Services Division, Baltimore City Department of Social Services; Giselle Meeks, Individually and in her capacity as Social Services Administration Worker, Maryland Social Services Administration; Richard L. Hamilton, Individually and in his capacity as Acting Director of the Juvenile Services Administration Department of Health and Mental Hygiene for the State of Maryland; Marilyn Blimline, Esquire, Individually and in her capacity as Assistant City Solicitor and Attorney for the Department of Social Services of Baltimore City; Betty M. Matthews; Judity Carol Weller, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 19, 1990.

As Amended April 24, 1990.


Attorney(s) appearing for the Case

Mercedes Casado Samborsky (argued), Joppatowne, Md., for plaintiff-appellant.

Mark Davis (argued), Asst. Atty. Gen., Baltimore, Md. (J. Joseph Curran, Jr., Atty. Gen., Neal M. Janey, City Sol., William R. Phelan, Jr., Sp. Sol., Baltimore, Md., on brief), for defendants-appellees.

Before CHAPMAN and WILKINS, Circuit Judges.


CHAPMAN, Circuit Judge:

The plaintiff/appellant, Clifton William Weller, appeals the dismissal of his suit for lack of subject matter jurisdiction. The district court dismissed the action sua sponte prior to service of process pursuant to Fed.R.Civ.P. 12(h)(3), for lack of federal jurisdiction. We affirm in part, reverse in part, and remand for further proceedings consistent with this opinion.

I.

INTRODUCTTON

Weller filed his pro se complaint...

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