TENENBAUM v. WILLIAMS

Nos. 97-9488, 97-9554.

193 F.3d 581 (1999)

Marc TENENBAUM and Mary Tenenbaum, individually and on behalf of Sarah Tenenbaum, an infant, Plaintiffs-Appellees-Cross-Appellants, v. Nat WILLIAMS, individually and as a caseworker, Child Welfare Administration, Veronica James, individually and as a caseworker, Child Welfare Administration, Doby Flowers, individually and as Commissioner of Social Services of the City of New York, and Brooke Trent, individually and as Deputy Commissioner of Social Services of the City of New York, Defendants-Cross-Appellees, New York City, Defendant-Appellant-Cross-Appellee, Marva Livingston, as Commissioner of Social Services of the City of New York, Claude Meyers, as Deputy Commissioner of Social Services of the City of New York, Appellants-Cross-Appellees, and New York City Board of Education, Defendant.

United States Court of Appeals, Second Circuit.

Decided October 13, 1999.


Attorney(s) appearing for the Case

Carolyn A. Kubitschek, Lansner & Kubitschek, New York, N.Y. (David J. Lansner, Christopher S. Weddle, Charles Park, legal assistant, on the brief), for Appellees-Cross-Appellants.

Ellen Ravitch, Assistant Corporation Counsel of the City of New York, New York, N.Y. (Jeffrey D. Friedlander, Acting Corporation Counsel of the City of New York, Stephen J. McGrath, Bruce Rosenbaum, of counsel), for Appellants-Cross-Appellees and Defendant-Appellant-Cross-Appellee.

Diane Redleaf, Lehrer & Redleaf, Chicago, Ill., for Amicus Curiae National Coalition for Child Protection Reform.

Before: McLAUGHLIN, JACOBS and SACK, Circuit Judges.


SACK, Circuit Judge:

On Tuesday, January 9, 1990, at about noon, a caseworker from the New York City Child Welfare Administration (the "CWA") removed five-year-old Sarah Tenenbaum from her kindergarten class at P.S. 230 in Brooklyn, New York, pursuant to the emergency removal provisions of New York Social Services Law § 4171 and New York Family Court Act § 1024,2 without court order and without notifying...

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