MARISOL A. BY FORBES v. GIULIANI

Nos. 29, 83, Dockets 96-9132, 96-9134.

126 F.3d 372 (1997)

MARISOL A., by her next friend, Reverend Dr. James Alexander FORBES, Jr., Lawrence B., by his next friend, Professor Mitchell I. Ginsberg, Thomas C., by his next friend, Dr. Margaret T. McHugh, Shauna D., by her next friend, Professor Kathryn Conroy, Ozzie E., by his next friends, Jill Chaifetz and Kim Hawkins, Darren F. and David F., by their next friends, Juan A. Figueroa, and Reverend Marvin J. Owens, Bill G. and Victoria G., by their next friend, Sister Dolores Gartanutti, Brandon H., by his next friend, Thomas J. Moloney, Steven I., by his next friend, Kevin Ryan, on their own behalf and on behalf of all others similarly situated, Plaintiffs-Appellees, v. Rudolph W. GIULIANI, Mayor of the City of New York, Marva Livingston Hammons, Administrator of the Human Resources Administration and Commissioner of the Department of Social Services of the City of New York, Nicholas Scoppetta, Commissioner of the New York City Administration for Children's Services, George E. Pataki, Governor of the State of New York, Brian Wing, Acting Commissioner of the Department of Social Services of the State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 26, 1997.


Attorney(s) appearing for the Case

Elizabeth I. Freedman, Francis F. Caputo, Grace Goodman, Stephanie Freeman Goldstein, Paul A. Crotty, Corporation Counsel of the City of New York, New York City, for Municipal Defendants-Appellants.

Michael S. Popkin, Barbara G. Billet, Thomas D. Hughes, Robert A. Forte, Steven M. Connolly, Dennis G. Vacco, Attorney General of the State of New York, New York City, for State Defendants-Appellants.

Craig Levine, Marcia Robinson Lowry, Rebecca Kim Kimura, John E. Kirklin, Anne Y. Park, Children's Rights, Inc., New York City, for Plaintiffs-Appellees.

Hayley J. Gorenberg, Carolyn A. Kubitschek, Lasner & Kubitschek, for Amicus Curiae National Coalition for Child Protection Reform in support of Defendants-Appellants.

Richard E. Carlton, David Gaukrodger, Sullivan & Cromwell, for Amici Curiae Covenant House New York, New York Chapter of the National Association of Social Workers, Empire State Coalition of Youth and Family Services, Urban Justice Center, Advocates for Children of New York, Inc., The Door — A Center of Alternatives, Inc., Statewide Youth Advocacy, Inc., Youth Communications, National Association of Former Foster Children, Professor Louis Levitt in his Official Capacity as Executive Secretary of the New York State Association of Deans of Social Work, Dean Ronald A. Feldman, Dean Sheldon R. Gelman and Dean Thomas Meenaghan in support of Plaintiffs-Appellees.

Mitchell A. Lowenthal, Adam L. Aronson, Cleary, Gottlieb, Steen & Hamilton, for Amici Curiae National Center for Youth Law, Juvenile Law Center, Youth Law Center, American Civil Liberties Union National Prison Project, Judge David L. Bazelon Center for Mental Health Law, Puerto Rican Legal Defense and Education Fund, Inc., Mexican-American Legal Defense and Educational Fund, Poverty Law Project of the National Clearinghouse for Legal Services, Inc. in support of Plaintiffs-Appellees.

Before: FEINBERG, WALKER, LEVAL, Circuit Judges.


PER CURIAM:

Rudolph W. Giuliani, the Mayor of New York, Marva Livingston Hammons, Administrator of the Human Resources Administration and Commissioner of the Department of Social Services of the City of New York, Nicholas Scoppetta, Commissioner of the New York City Administration for Children's Services, George E. Pataki, Governor of New York and Brian Wing, Acting Commissioner of the Department of Social Services of the State of New York ("the defendants") bring...

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