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PROCOPIO v. JOHNSON

No. 92-1913.

994 F.2d 325 (1993)

Joseph and Marjorie PROCOPIO, Plaintiffs-Appellants, v. Gordon JOHNSON, Former Director, Illinois Department of Children and Family Services; Jess McDonald, Former Interim Director, Illinois Department of Children and Family Services; Sue Suter, Former Director, Illinois Department of Children and Family Services; Sterling M. Ryder, Director, Illinois Department of Children and Family Services; Hephzibah Children's Association, a Not-For-Profit Corporation; and Lutheran Child and Family Services, a Not-For-Profit Corporation, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided May 6, 1993.

Attorney(s) appearing for the Case

William F. Dolan (argued), Robert P. Cummins, Bickel & Brewer, Chicago, IL, for Joseph and Marjorie Procopio.

Mitchell Ware, Frank M. Grenard, Eric S. Wachspress, Dianne McCollough, Robin P. Charleston, Jones, Ware & Grenard, Chicago IL, for Sue Suter.

Dennis Minichello (argued), Michael C. O'Neil, Keck, Mahin & Cate, George F. Galland, Jr., Davis, Miner, Barnhill & Galland, Chicago, IL, for Hephzibah Children's Ass'n.

William E. Spizzirri, Nancy J. Arnold, Kralovec, Jambois & Schwartz, Harvey J. Cohen, Merrill C. Hoyt, Aries, Hoyt & Taden, Chicago, IL, for Lutheran Child and Family Services.

Before BAUER, Chief Judge, CUDAHY, Circuit Judge, and CRABB, District Judge.

CUDAHY, Circuit Judge.

The plaintiffs, hoping to adopt a child, became foster parents to a little girl born to an active drug addict. They nursed her through chronic narcotic withdrawal and cared for her for five years. When the birth parents successfully sought to have custody of the girl returned to them, the plaintiffs sued, asserting a violation of 42 U.S.C. § 1983 in addition to state law claims. The district court dismissed the case. We affirm.

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