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GARCIA v. SCOPPETTA

No. 03-CV-1956 (JBW).

289 F.Supp.2d 343 (2003)

Michele GARCIA, individually and on behalf of Gisele Reyes, Jordan Reyes, and Benjamin Hunter, Jr., infants, Plaintiffs, v. Nicholas SCOPPETTA, individually and as Commissioner; William Bell, individually and as Commissioner; Anthony Akinduro, individually and as case-worker; Gary Brauman, individually and as supervisor; Bonnie Lowell, individually and as manager; John Doe, individually and as supervisor; Raymond Montana, individually and: as supervisor; and the City of New York, Defendants.

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

November 6, 2003.

Attorney(s) appearing for the Case

Lansner & Kubitschek by Carolyn A. Kubitschek, Esq., New York City, for Petitioner Michele Garcia.

Michael A. Cardozo, Corporation Counsel of the City of New York by Michael DiChiara, Esq., New York City, for Respondents Nicholas Scoppetta et al.

WEINSTEIN, Senior District Judge.

I. Introduction

Michele Garcia ("plaintiff") is a member of Subclass A in Nicholson v. Williams, 203 F.Supp.2d 153 (E.D.N.Y.2002). Her case was cited by this court, id. at 182-85, in its opinion granting a preliminary injunction to ensure that: "1) battered mothers who are fit to retain custody of their children do not face prosecution or removal of their children solely...

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