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ACHTERHOF v. SELVAGGIO

No. G88-45 CA1.

757 F.Supp. 837 (1991)

James ACHTERHOF and Grace Achterhof, Plaintiffs, v. Anthony F. SELVAGGIO, individually and as a Children's Protective Services employee of the Department of Social Services; Anna Mead, individually and as a Supervisor for the Department of Social Services; and Richard H. Ritter, individually and as the Director of the Barry County Department of Social Services, jointly and severally, Defendants.

United States District Court, W.D. Michigan, S.D.

February 27, 1991.

Attorney(s) appearing for the Case

Jon D. Vander Ploeg, Smith, Haughey, Rice & Roegge, P.C., Grand Rapids, Mich., Palus & Sielski, Martin F. Palus, Asst. U.S. Atty., Zeeland, Mich., for plaintiffs.

Becky M. Lamiman, Mark W. Matus, Thomas R. Wheeker, Patrick McElmurry, Asst. Attys. Gen., Frank J. Kelley, Atty. Gen., Tort Defense Div., Lansing, Mich., for defendants.

OPINION

HILLMAN, Senior District Judge.

This 42 U.S.C. § 1983 action is again before the court on defendants' motion to dismiss pursuant to Fed.R.Civ.P. 12(b)(6). On October 10, 1990, the court entered an opinion and order granting the plaintiffs leave to attempt to avoid dismissal on grounds of qualified immunity with a third amended complaint and supporting pleadings. Plaintiffs have filed a third amended complaint and supplemental brief, and defendants...

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