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SKUBEL v. FUOROLI

No. 1323, Docket 96-6201.

113 F.3d 330 (1997)

Jacinta SKUBEL, by parents & next friends Michael & Eva, Plaintiff-Appellee, Travis Hardy, By and Through his parents and next friend, Flora Hardy Brown, in/and on behalf of himself and all others similarly situated, Intervenor-Plaintiff-Appellee, v. Alfred J. FUOROLI, Assoc. Regional Adm. Health Care, HH, o/, Defendant, Joyce Thomas, in her official capacity as Commissioner of the Department of Social Services; Julie Pollard, in her official capacity as Director of Medical Administrative Operations of the Connecticut Department of Social Services; Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided May 13, 1997.

Attorney(s) appearing for the Case

Carl Levine, law student intern, New Haven, CT (Caroll L. Lucht, The Jerome N. Frank Legal Services Organization, J. Steven Farr, Daniel C. Lewis, Andrea C. Luby, Tamarra D. Matthews, Eve L. Runyon, law student interns, of counsel), for Plaintiffs Appellees.

Judith A. Merrill, Assistant Attorney General, Hartford, CT (Richard Blumenthal, Attorney General, Richard J. Lynch, Hugh Barber, Assistant Attorneys General, of counsel), for Defendants-Appellants Joyce Thomas and Julie Pollard.

Before NEWMAN, Chief Judge, MINER and GODBOLD, Circuit Judges.

MINER, Circuit Judge:

Defendants-appellants Joyce Thomas and Julie Pollard, in their respective official capacities as Commissioner and Director of Medical Administrative Operations of the Connecticut Department of Social Services ("DSS"), appeal from a judgment entered in the United States District Court for the District of Connecticut (Burns, J.) granting summary judgment in favor of plaintiffs-appellees Jacinta Skubel and Travis Hardy.1

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