KITZMAN-KELLEY, o/b/o KITZMAN-KELLEY v. WARNER

No. 98-2139.

203 F.3d 454 (2000)

Theresa KITZMAN-KELLEY, Guardian for and on behalf of Melissa KITZMAN-KELLEY, Plaintiff-Appellee, v. Donald WARNER, Gary T. Morgan, and Gordon Johnson, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided February 10, 2000.


Attorney(s) appearing for the Case

Richard A. Dahl (argued), Newport Beach, CA, for plaintiff-appellee.

A. Benjamin Goldgar, Office of Attorney General, Civil Appeals Division, Elizabeth R. Schenkier (argued), Chicago, IL, for defendants-appellants.

Before POSNER, Chief Judge, RIPPLE and ROVNER, Circuit Judges.


RIPPLE, Circuit Judge.

Melissa Kitzman-Kelley, through Theresa Kitzman-Kelley, brought this § 1983 action against employees of the Illinois Department of Children and Family Services ("DCFS"). She claims that in 1985, while a ward of the DCFS, she was sexually abused by a DCFS intern hired and supervised by the defendants. The original action was brought in state court, and the case later was removed to the district court. The defendants then moved for dismissal...

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