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WHALEN v. COUNTY OF FULTON

No. 784, Docket 93-7457.

19 F.3d 828 (1994)

George T. WHALEN, Individually, and as Parent and Legal Guardian of Michael W. Whalen, an Infant; Elizabeth M. Whalen, Individually and as Parent and Legal Guardian of Michael W. Whalen, an Infant, Plaintiffs-Appellees, v. COUNTY OF FULTON; Fulton County Department of Social Services; Jeanne D. Johannes, Individually and in her Official Capacity; John Rogers, Individually and in his Official Capacity; Malinda Argotsinger, Individually and in her Official Capacity; Karen Glover, Individually and in her Official Capacity; Judith Vanheusen, Individually and in her Official Capacity, Defendants-Cross-Defendants-Appellants, County of Montgomery; Montgomery County Department of Social Services; Robert L. Reidy, Individually and in his Official Capacity; Molly Johnson, Individually and in her Official Capacity; Cynthia Hallam, Individually and in her Official Capacity, Defendants-Cross-Claimants-Appellants.

United States Court of Appeals, Second Circuit.

Decided March 29, 1994.

Attorney(s) appearing for the Case

John H. Pennock, Jr., Amsterdam, NY (Horigan, Horigan, Pennock and Lombardo, of counsel), for defendants-cross-defendants-appellants.

Douglas E. Lentivech, Albany, NY (Maynard, O'Connor & Smith, of counsel), for defendants-cross-claimants-appellants.

Brendan C. O'Shea, Albany, NY (Gleason, Dunn, Walsh & O'Shea, of counsel), for plaintiffs-appellees.

Before: MESKILL and WALKER, Circuit Judges, and MOTLEY, District Judge.

MESKILL, Circuit Judge:

The defendants appeal from an order of the United States District Court for the Northern District of New York, Scullin, J., denying their motion for summary judgment on the ground of qualified immunity, without prejudice to its renewal after further discovery. We dismiss the appeal for lack of appellate jurisdiction.

BACKGROUND

The following facts and procedural history are pertinent to this appeal. The plaintiffs,...

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