DeCARLO v. FRY

Docket Nos. 97-7702, 97-7704 and 97-7754.

141 F.3d 56 (1998)

Juanita DeCARLO and Vito DeCarlo, Plaintiffs-Appellees-Cross-Appellants, v. Stephen FRY, Administrative Law Judge and Connie Most McLaughlin, Defendants, Cesar A. Perales, Commissioner, New York State Department of Social Services; Jacqueline Turner, Individually and in her official capacity as Director of Services for the Oneida County Department of Social Services; Dora Hendricks, Child Protective Services Supervisor; David Kraus; Rose Mary Blank, Individually and in her official capacity as Supervisor of Day Care Unit; and Shirley Astle, Individually and in her official capacity as Day Care Supervisor, Defendants-Cross-Appellees, Richard DuRose, in his official capacity as Commissioner of Social Services of Oneida County, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 6, 1998.


Attorney(s) appearing for the Case

Bartle J. Gorman, Gorman, Waszkiewicz, Gorman & Schmitt, Utica, NY (Darryl B. Rahn, of counsel), for Defendant-Appellant-Cross-Appellee Richard DuRose.

Nancy L. Pontius, MacKenzie Smith Lewis Mitchell & Hughes, LLP, Syracuse, NY, for Plaintiffs-Appellees-Cross-Appellants.

Before: CALABRESI, CABRANES, and HEANEY, Circuit Judges.


CALABRESI, Circuit Judge:

Richard DuRose appeals from a judgment of the United States District Court for the Northern District of New York (David N. Hurd, Magistrate Judge) entered against him in his official capacity as Commissioner of Social Services for Oneida County, New York. The plaintiffs, Juanita and Vito DeCarlo, sued DuRose and other employees of the Oneida County Department of Social Services ("OCDSS") under...

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