McCOMB v. WAMBAUGH

No. 90-1831.

934 F.2d 474 (1991)

David F. McCOMB, as guardian ad litem for Khemsu Walton, a Minor Child, Appellant, v. Rosita WAMBAUGH, Supervisor, Philadelphia Department of Public Welfare; Jean Summons, Social Worker, Philadelphia Department of Public Welfare, Children and Youth Agency; Murray Sklar, Social Worker, Philadelphia Department of Public Welfare, Children and Youth Agency; City of Philadelphia; Irene Pernsley, Commissioner of Philadelphia Department of Public Welfare; Peter Digre, Deputy Commissioner of Philadelphia County Children and Youth Agency; Gordon West, Deputy Commissioner of Philadelphia County Children and Youth Agency; Wilbur Hobbs, Deputy Commissioner of Philadelphia County Children and Youth Agency, Appellees.

United States Court of Appeals, Third Circuit.

Decided May 30, 1991.


Attorney(s) appearing for the Case

Mary B. Stein (argued), Silverman & Coopersmith, Philadelphia, Pa., for appellant.

Charisse R. Lillie, City Sol., Doris M. Leisch, Chief Deputy City Sol., Philadelphia, Pa.

Guy Vilim (argued), Richard J. Gold, Padova & Hinman, Philadelphia, Pa., for appellees.

Before MANSMANN, HUTCHINSON, and WEIS, Circuit Judges.


OPINION OF THE COURT

WEIS, Circuit Judge.

As a result of parental abuse, the minor plaintiff suffered severe injuries for which he seeks damages against a municipality and its employees because of their failure to protect him. We conclude that a protective order issued by a Virginia court purportedly in accordance with the Interstate Compact for Placement of Children did not establish a special relationship between the plaintiff and the Pennsylvania defendants...

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