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POLITE v. BUTTON

No. 95-CV-644.

999 F.Supp. 705 (1998)

Roseann POLITE, Individually and on Behalf of Charles Polite, an Infant, Plaintiff, v. Dennis BUTTON, Barbara Button, Lynn Smith, Broome County Department of Social Services, and Broome County, Defendants.

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

April 6, 1998.

Attorney(s) appearing for the Case

Law Offices of Ronald R. Benjamin, Binghamton, NY (Ronald R. Benjamin, of counsel), for Plaintiff.

Broome County Attorney's Office, Binghamton, NY (Robert G. Behnke, of counsel), for Defendants.

MEMORANDUM, DECISION & ORDER

McAVOY, Chief Judge.

Defendants in this action, brought pursuant to 42 U.S.C. § 1983, move for summary judgment dismissing the Complaint. Plaintiff cross-moves for summary judgment and various other relief.

I. BACKGROUND

A. Facts

Plaintiff Roseann Polite ("plaintiff' or "Roseann") gave birth to a boy, Charles, on October 13, 1989, at Lourdes...

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