B.F. v. DIVISION OF YOUTH AND FAMILY SERVICES


296 N.J. Super. 372 (1997)

B.F. AND K.L.F., A MINOR BY HER NEXT FRIEND, B.F., PLAINTIFFS-APPELLANTS, v. DIVISION OF YOUTH AND FAMILY SERVICES, WILLIAM WALDMAN, SUSAN DURGY, SUZANNE LA TOURNOUS, MANUEL RODRIGUEZ, CAROL PRINTZ, CYNTHIA D.H. SMITH, RICHARD PURCELL, MARY TERRITO, JODI PATTON, KAREN BACKIEL, AND MARY NICASTRO, EMPLOYEES OR FORMER EMPLOYEES OF THE DIVISION OF YOUTH AND FAMILY SERVICES, EACH IN THEIR INDIVIDUAL CAPACITY; ROBERT DEL TUFO, LAUREN F. CARLTON, MARCIA A. MEMBRINO, MAGALI M. FRANCOIS, ANDREA M. SILKOWITZ, AND BARBARA A. HARNED, EMPLOYEES OF THE OFFICE OF THE ATTORNEY GENERAL, EACH IN THEIR INDIVIDUAL CAPACITY, MARTHA H. PAGE, DEFENDANTS-RESPONDENTS, AND HACKENSACK MEDICAL CENTER, AND MARIA LOPEZ, EMPLOYEE AND/OR AGENT OF HACKENSACK MEDICAL CENTER, IN HER INDIVIDUAL CAPACITY, AND CAROL ANN PERSONETTE, FORMER ACTING GUARDIAN AD LITEM FOR K.L.F., DEFENDANTS.

Superior Court of New Jersey, Appellate Division..

Decided January 15, 1997.


Attorney(s) appearing for the Case

Patricia E. Apy argued the cause for appellants (Paras, Apy & Reiss, attorneys; Chattman, Gaines & Stern, of counsel; Ms. Apy, Douglas J. Paul, Gary H. Levine, and Christine C. Cockerill on the brief).

Paul R. Kenny, Deputy Attorney General, argued the cause for respondents (Peter Verniero, Attorney General, attorney; Mr. Kenny, on the brief).

Before Judges MUIR, KLEINER, and COBURN.


The opinion of the court was delivered by COBURN, J.S.C. (temporarily assigned).

Plaintiffs seek damages for alleged violations of their civil rights under the Federal Civil Rights Act, 42 U.S.C.A. § 1983. They also claim damages under the New Jersey Constitution and various forms of tort. The state actions all concern the same conduct of defendants which form the basis of the federal civil rights action. The case arises from the unsuccessful efforts...

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