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YOUNG v. COUNTY OF FULTON

No. 94-CV-1463.

999 F.Supp. 282 (1998)

Tammy YOUNG, Plaintiff, v. COUNTY OF FULTON; Fulton County Department of Social Services; Karen Hasenfuss, Kathleen Pape, and Penny Lockwood, Individually and in their official capacity as employees of the County of Fulton; Jeanne D. Johannes, Individually and in her official capacity as Commissioner of the Department of Social Services of Fulton County; and John Doe and Jane Doe, unknown employees of the County of Fulton, Defendants.

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

April 6, 1998.

Attorney(s) appearing for the Case

Joseph B. Pachura, Jr., Utica, NY, V. Michael Liccione, Utica, NY, for Plaintiff.

Horigan, Horigan, Pennock & Lombardo, P.C., Amsterdam, NY, for Defendant County of Fulton; Timothy Horigan, of counsel.

Brennan & Rehfuss, P.C., Albany, NY, for Defendants; Stephen J. Rehfuss, of counsel.

MEMORANDUM-DECISION and ORDER

HURD, United States Magistrate Judge.

I. INTRODUCTION

The plaintiff commenced this action pursuant to 42 U.S.C. § 1983, alleging that her due process rights were violated under the First, Fifth, and Fourteenth Amendments to the United States Constitution.1 Defendants, now move to dismiss the complaint under Fed.R.Civ.P. 12(b)(6), or in the alternative,

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