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BLUE v. KOREN

No. 1566, Docket 94-9169.

72 F.3d 1075 (1995)

Evelyn BLUE, d/b/a New Paltz Nursing Home, Plaintiff-Appellee, v. Mary Jane KOREN, M.D.; K. Michele Dulemba; Patricia Cooney, R.N.; Barbara E. Brooks, R.N.; Barbara Rosenfield; and Mykola Lawrynenko, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided December 26, 1995.

Attorney(s) appearing for the Case

Susan L. Watson, New York City (Dennis C. Vacco, Attorney General of the State of New York, Kathie Ann Whipple, Acting Bureau Chief, Litigation Bureau, Michael S. Popkin, Assistant Attorney General, of counsel), for Defendants-Appellants.

Bradley L. Kelly, Washington, DC (Donald L. Bell, II, Washington, D.C., Proskauer Rose Goetz & Mendelson LLP, Washington, DC, of counsel), for Plaintiff-Appellee.

Before: WINTER, CALABRESI and CABRANES, Circuit Judges.

WINTER, Circuit Judge:

Various current and former employees of the New York State Department of Health (collectively "DOH") appeal from Judge Goettel's denial of their motion for summary judgment based in part on an assertion of qualified immunity. The appeal raises important questions concerning the constitutional rights of nursing home operators to limit inspections of their facilities by government health officials.

DOH is responsible for conducting inspections...

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