SIMMERMAN v. CORINO

Civ. A. No. 92-194 (JEI).

804 F.Supp. 644 (1992)

Nancy SIMMERMAN, Herbert Simmerman, and Paul Simmerman, Each individually and trading as the Wee Care Center and/or Serendipity Pre-School and Child Care Center, Plaintiffs, v. John CORINO, Cape May County Prosecutor, Robert G. Wells, First Assistant Prosecutor of Cape May County, Antonia Cowan, Assistant Prosecutor of Cape May County, Marie Hayes, Investigator for Cape May County Prosecutor, Office of the Prosecutor of Cape May County, Betty Veach and Samuel Veach, Each individually and as parents and natural guardians for Christopher Samuel Veach, a minor, Veronica Leider and Ronald Leider, Each individually and as parents and natural guardians of Ronald J. "Ronnie" Leider, a minor, Dick Crane, Bureau of Licensing of the Division of Youth and Family Services, Susan Manion, Institutional Abuse Unit Administrator, DYFS Bureau of Licensing, DYFS Institutional Abuse Investigation Unit, Division of Youth and Family Services (DYFS), Department of Human Services, Thomas Flanagan, Investigator for State Department of Criminal Justice, State Trooper Eugene Petrella, Detective David Kenna, Colonel Justin J. Dintino, New Jersey State Police, Officer John Doe # 1, Officer John Doe # 2, Officer John Doe # 3, Officer John Doe # 4, Officer John Doe # 5, New Jersey State Police, Dr. Anne Burgess, Pamela Kane, Dr. Martin Finkel, Richard Roes Nos. 1 through 25, and State of New Jersey, Defendants.

United States District Court, D. New Jersey.

October 23, 1992.


Attorney(s) appearing for the Case

Garber & Guralnick, Mount Laurel, N.J., Annmarie Algeo, for plaintiffs.

James S. Webb, Jr., Wildwood, N.J., for defendants Corino, Wells, Cowan, Hayes and Cape May County Prosecutor's Office.

William E. Nugent, Nugent, Fitzgerald, McGroarty & McFadden, P.A., Linwood, N.J., for defendants Betty Veach, Samuel Veach, and Christopher Veach.

Robert E. Bailey, Vineland, N.J., for defendants Veronica Leider, Ronald Leider, and Ronald J. "Ronnie" Leider.

Don E. Catinello, Deputy Atty. Gen., Div. of Law, and John M. Fahy, Sr. Deputy Atty. Gen., Legal Affairs, Office of the Atty. Gen., Trenton, N.J., for State of N.J., New Jersey Dept. of Human Services, New Jersey Div. of Youth and Family Services, New Jersey State Police, and defendants Scalera, Crane, Manion, Finkel, Flanagan, Petrella, Kenna, and Dintino.

Daniel H. Greenberg, New York City, for defendant Burgess.


OPINION

IRENAS, District Judge:

Presently before the court are motions for summary judgment and/or dismissal by the "State Defendants,"1 by the "County Defendants,"2 by defendants Leider, and by defendants Veach.3

For the reasons stated below, the court will grant summary judgment for the State and County defendants...

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