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DOE v. MARSH

No. 481, Docket 96-7453.

105 F.3d 106 (1997)

John DOE and Jane Roe, Plaintiffs-Appellants, v. Naomi MARSH, individually and as Co-Director of the HIV/AIDS Program for the Bureau of School Health Education, N.Y. State Education Department, Joan Milowe, individually and as Co-Director of the HIV/AIDS Program for the Bureau of School Health Education, N.Y. State Education Department, Arlene Sheffield, individually and as Co-Director of the HIV/AIDS Program for the Bureau of School Health Education, N.Y. State Education Department, Rebecca Gardner, individually and as Bureau Chief of the HIV/AIDS Program for the Bureau of School Health Education, N.Y. State Education Department, and Thomas Sobol, individually and as Commissioner of the N.Y. State Education Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 22, 1997.

Attorney(s) appearing for the Case

Kim Cottone, Law Clinic of Albany Law School, Albany, NY (Connie Mayer, Law Clinic of Albany Law School, on the brief), for plaintiffs-appellants.

Daniel Smirlock, Assistant Attorney General of the State of New York, Albany, NY (Dennis Vacco, Attorney General, Barbara Gott Billet and Nancy A. Spiegel, Assistant Attorneys General, on the brief), for defendants-appellees.

Before: OAKES and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Plaintiffs-appellants John Doe ("Doe") and Jane Roe ("Roe") appeal from a judgment of the United States District Court for the Northern District of New York (McAvoy, Chief J.), granting defendants'-appellees' motion for summary judgment on the basis of qualified immunity and dismissing their § 1983 complaint alleging violation of their right to privacy. See Doe v. Marsh, 918 F.Supp. 580

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