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GELATT v. COUNTY OF BROOME, N.Y.

No. 90-CV-93.

811 F.Supp. 61 (1993)

Charlene GELATT, Individually and as Parent and Natural Guardian of Morgan Gelatt, an Infant, Plaintiffs, v. The COUNTY OF BROOME, NEW YORK, The Broome County Probation Department, New York, Richard A. Wahila, Individually and in his official capacity as Probation Officer, "John Doe" and "Jane Doe", Individually and in their official capacities as Probation Officers of Broome County whose identities are presently unknown to the Plaintiffs, Defendants.

United States District Court, N.D. New York.

January 15, 1993.

Attorney(s) appearing for the Case

E. Stewart Jones, Troy, NY (Peter J. Moschetti, Jr., of counsel), for plaintiffs.

Joseph James Slocum, Broome County Atty., Binghamton, NY (Frank H. Heffron, Sr. Asst. County Atty., of counsel), for defendants.

Robert Abrams, Atty. Gen., Albany, NY (Peter H. Schiff, Deputy Sol. Gen., Michael S. Buskus, Asst. Atty. Gen., of counsel), for amicus curiae.

MEMORANDUM-DECISION AND ORDER

SCULLIN, District Judge.

INTRODUCTION

Before this court is a motion by the defendants1 for summary judgment. Their sole ground for seeking this relief is that the defendant Wahila is absolutely immune from a suit such as this.

The parties have submitted on their papers, electing not to provide oral argument on the issue here presented.

During deliberations on this motion...

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