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SPENCER v. LAVOIE

No. 95-CV-1331.

986 F.Supp. 717 (1997)

SPENCER, Leona, mother, Spencer, Darrell, son, Forney, Katrina, daughter, Petchenik, Steven, parent sub, Plaintiffs, v. LAVOIE, Kathryne, caseworker, Comfort, Hugh and Mary, foster parents, Dowd, Kevin, Judge, Family Court, Kimiecik, Stanley J., Comm. Chenango County Social Services, Prinzo, Ross, Comm. New York State Dept. of Social Services, Defendants.

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

December 1, 1997.

Attorney(s) appearing for the Case

Peter A. Orville, P.C., Patrick J. Kilker, of counsel, Vestal, NY, for Plaintiffs.

Sugarman, Wallace, Manheim & Schoenwald, Mary Keib Smith, of counsel, Syracuse, NY, for Defendants Kathryne Lavoie and Stanley J. Kimiecik.

Chernin & Gold, Margaret J. Fowler, of counsel, Binghamton, NY, for Defendants Hugh and Mary Comfort.

MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

In this civil rights action filed pursuant to 42 U.S.C. § 1983, defendants Kathryne Lavoie and Stanley J. Kimiecik move for summary judgment based on qualified immunity. Defendants Hugh and Mary Comfort move for summary judgment based upon lack of supplemental jurisdiction.

I. BACKGROUND

A. Facts:

Plaintiffs Darrell Spencer ("Darrell"), born March 4, 1983, and Katrina...

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