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SIMESCU v. EMMET COUNTY DEPT. OF SOCIAL SERVICES

Nos. 89-1180, 89-1181.

942 F.2d 372 (1991)

Martin and Victoria SIMESCU, Individually; et al., Plaintiffs, Martin and Victoria Simescu, Individually; Martin Simescu, as next friend for Anna Simescu and Emily Simescu; Mary Ann Tuschak, individually and as next friend for Matthew Tuschak Bondy; Michael and Lizabeth Compton, individually; Michael Compton, as next friend for Benjamin Compton; Candy and Robert Newton, individually; Candy Newton, as next friend for Shayla Newton; Plaintiffs-Appellants, v. EMMET COUNTY DEPARTMENT OF SOCIAL SERVICES, a unit of government of the County of Emmet; et al., Defendants, Women's Resource Center of Northern Michigan, Inc., a not-for-profit corporation; the Children's Learning Center, a not-for-profit business operated by the Women's Resource Center of Northern Michigan; Janet M. Mancinelli; Nancy Decker; Sheryl Brown; North Central Michigan College, a public corporation, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided August 19, 1991.

Attorney(s) appearing for the Case

Grant W. Parsons (argued), Dettmer, Thompson & Parsons, Traverse City, Mich., for plaintiffs-appellants.

Janet G. Callahan (argued), Roger F. Wardle, Kohl, Secrest, Wardle, Lynch, Clark & Hampton, Farmington Hills, Mich., for defendants-appellees.

Donald S. McGehee, Tort Defense Div., Vincent J. Leone, Becky M. Lamiman, Asst. Attys. Gen., Office of the Atty. Gen., Habeas Div., Lansing, Mich., for defendants.

Before KEITH and NELSON, Circuit Judges, and PECK, Senior Circuit Judge.

JOHN W. PECK, Senior Circuit Judge.

This 42 U.S.C. § 1983 case arises from the sexual abuse of children by a general assistance recipient who worked at a daycare center through a state "workfare" program. The district court granted summary judgment in favor of Appellee Women's Resource Center (WRC) based on the conclusions that WRC's actions were neither state action nor grossly negligent. For the reasons stated below, we affirm.

FACTS

In 1983...

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