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BENDIBURG v. DEMPSEY

Nos. 89-8173, 89-8259, 89-8348, 89-8632, 89-8691 and 89-8742.

909 F.2d 463 (1990)

Harry A. BENDIBURG, Individually and as Administrator of the Estate of Carl Bendiburg, Deceased, Plaintiff-Appellee, v. Pamela S. DEMPSEY, Sue Terry, and Nancy J. Pendergraft, Individually and as Officials of the Cobb County Department of Family and Children Services, Defendants-Appellants, Cobb County Department of Family and Children Services; Sallie T. Walker, Individually and as an Official of Cobb County; Cobb County, Georgia; Nancy Harrison; Medical Personnel Pool of Atlanta, Inc.; Richard Cohen, M.D.; Klaus, Cohen & Weil, Drs., Orthopaedic Associates, P.C.; and Baheeg Shadeed, M.D., Defendants. Harry A. BENDIBURG, Individually and as Administrator of the Estate of Carl Bendiburg, Deceased, Plaintiff-Appellee, v. Pamela S. DEMPSEY, Sue Terry, and Nancy J. Pendergraft, Individually and as Officials of the Cobb County Department of Family and Children Services, Defendants-Appellants, Cobb County Dept., Department of Family and Children Services, Sally T. Walker, Individually and as an Official of Cobb County; Cobb County, Georgia; Nancy Harrison; Medical Personnel Pool of Atlanta, Inc.; Richard Cohen, M.D., Klaus, Cohen & Weil, Drs., Orthopaedic Associates, P.C.; Baheeg Shadeed, M.D., Adventist Health Systems Sunbelt, Inc., d/b/a Smyrna Hospital, Defendants. Harry A. BENDIBURG, Individually and as Administrator of the Estate of Carl Bendiburg, Deceased, Plaintiff-Appellee, v. Pamela S. DEMPSEY, Sue Terry, and Nancy J. Pendergraft, Individually and as Officials of the Cobb County Department of Family and Children Services; Cobb County Department, Department of Family and Children Services; Sally T. Walker, Individually and as an Official of Cobb County, Cobb County, Georgia; Nancy Harrison; Medical Personnel Pool of Atlanta, Inc., Defendants, Richard Cohen, M.D.; Klaus, Cohen & Weil, Drs., Orthopaedic Associates, P.C.; Baheeg Shadeed, M.D., Defendants-Appellants, Adventist Health Systems Sunbelt, Inc., d/b/a Smyrna Hospital, Defendant. Harry A. BENDIBURG, Individually and as Administrator of the Estate of Carl Bendiburg, Deceased, Plaintiff-Appellee, v. Pamela S. DEMPSEY, Sue Terry, and Nancy J. Pendergraft, Individually and as Officials of the Cobb County Department of Family and Children Services; et al., Defendants-Appellants. Harry A. BENDIBURG, Individually and as Administrator of the Estate of Carl Bendiburg, Deceased, Plaintiff-Appellant, v. Pamela S. DEMPSEY, Sue Terry, and Nancy J. Pendergraft, Individually and as Officials of the Cobb County Department of Family and Children Services, Cobb County Dept., Department of Family and Children Services, Nancy Harrison; Medical Personnel Pool of Atlanta, Inc.; Richard Cohen, M.D., Klaus, Cohen & Weil, Drs., Orthopaedic Associates, P.C.; and Baheeg Shadeed, M.D., Defendants-Appellees, Sally T. Walker, etc., et al., Defendants. Harry A. BENDIBURG, Individually and as Administrator of the Estate of Carl Bendiburg, Deceased, Plaintiff-Appellee, v. Pamela S. DEMPSEY, Sue Terry, and Nancy J. Pendergraft, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

August 20, 1990.

Attorney(s) appearing for the Case

Michael J. Bowers, Atty. Gen., William C. Joy, Sr. Asst. Atty. Gen., Bruce M. Edenfiled, Sp. Asst. Atty. Gen., Hicks, Maloof & Campbell, R. Jerry Kirkpatrick, Michael A. Pannier, Victoria H. Tobin, Hart & Sullivan, Atlanta, Ga., for defendants-appellants in Nos. 89-8173, 89-8259, 89-8632, 89-8742.

Harold D. Corlew, Walls & Corlew, Atlanta, Ga., for Bendiburg.

Henry D. Green, Jr., R. Jerry Kirkpatrick, Sullivan, Hall, Booth & Smith, Atlanta, Ga., for Shadeed.

Bruce M. Edenfield, Hicks, Maloof & Campbell, Atlanta, Ga., for Dempsey, Terry, Pendergraft in No. 89-8348.

Sidney F. Wheeler, Long, Weinberg, Ansley & Wheeler, Stephen H. Sparwath, Atlanta, Ga., for Cohen, Drs. Klaus, Cohen & Weil Orthopaedic Assoc. in No. 89-8348.

R. Jerry Kirkpatrick, Michael A. Pannier, Hart & Sullivan, P.C., Atlanta, Ga., for Shadeed in No. 89-8348.

Stephen H. Sparwath, Long Weinberg Ansley & Wheeler, Sidney F. Wheeler, Bruce M. Edenfield, Sp. Asst. Atty. Gen., Hicks, Maloof & Campbell, P.C., Alan F. Herman, Freeman & Hawkins, Timothy H. Bendin, Sullivan Hall Booth & Smith, Henry D. Green, Jr., Atlanta, Ga., for defendants-appellees in No. 89-8691.

Before CLARK, Circuit Judge, RONEY, Senior Circuit Judge, and ATKINS, Senior District Judge.

RONEY, Senior Circuit Judge:

These consolidated appeals from summary judgment orders raise complex legal issues but grow out of simple, tragic facts. Seeking money damages, Harry Bendiburg, an attorney, has sued various state employees and private doctors for their actions in connection with the medical treatment of his son, Carl, not for malpractice, but violation of due process rights and for battery.

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