VEGA v. FOX

No. 05 Civ. 2286(SAS).

457 F.Supp.2d 172 (2006)

Felix VEGA, Plaintiff, v. Larry FOX, individually, and as a caseworker with YASL (Young Adult Supportive Living Program) of August Aichhorn Center for Adult Residential Care, Inc.; Paul Green, individually, and as Site Supervisor with YASL of the August Aichhorn Center for Adult Residential Care, Inc.; Mr. "John" Washington, individually, and as caseworker with YASL of the August Aichhorn Center for Adult Residential Care, Inc.; Michael Pawel, individually, and as Director of August Aichorn Center for Adult Residential Care, Inc.; Carmen L. Torres, individually, and as Administrative Director of YASL of August Aichhorn Center for Adult Residential Care, Inc.; Roger Younger, individually, and as Case Manager of YASL of August Aichhorn Center for Adult Residential Care, Inc.; August Aichhorn Center for Adult Residential Care, Inc.; William Bell, individually, and as Commissioner of the Administration for Children's Services of the City of New York; Sarah Logunleko, individually, and as caseworker for the Administration for Children's Services of the City of New York; Olga Kolmanovsky, individually, and as caseworker with the Administration for Children's Services of the City of New York; Maria Santiago, individually, and as the caseworker for the Administration for Children's Services of the City of New York; Jeffrey Anderson, individually, and as supervisor for the Administration for Children's Services of the City of New York; City of New York; Naomi Vallon, individually, and as Coordinator of the Jewish Board of Family and Children's Services; Jewish Board of Family and Children's Services, Inc., Defendants.

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

February 21, 2006.


Attorney(s) appearing for the Case

Bruce A. Young, Law Office of Bruce A. Young, New York City, for Felix Vega, Plaintiff.

Edward Louis Owen, III, Nicoletti, Gonson & Spinner, LLP, New York City, for Larry Fox, individually, Paul Green, individually, Mr. "John" Washington, individually, Michael Pawel, individually, Carmen L. Torres, individually, Roger Younger, individually, August Aichhorn Center for Adult Residential Care, Inc., Defendants.

Kimberly Dorothy Conway, New York City Law Depart. Office of the Corporation Counsel, New York City, for William Bell, individually, Sarah Logan-Laco, individually, Olga Kolmanodsky, individually, Marie Santiago, individually, City of New York, Defendants.

Frank J. Wenick, Wenick & Finger, P.C, New York City, for Jeffrey Anderson, individually, Jeffrey Anderson, as Supervisor for the Administration for Children's Services of the City of New York, Naomi Vallon, individually, Naomi Vallon, as Coordinator of Independent Living After Care Services of the Jewish Board of Family and Children's Services, Jewish Board of Family and Children Services, Inc., Cross Claimants.

Edward Louis Owen, III, Nicoletti, Gonson & Spinner, LLP, New York City, for Michael Pawel, individually, Carmen L. Torres, individually, Roger Younger, individually, August Aichhorn Center for Adult Residential Care, Inc., Larry Fox, individually, Paul Green, individually, Mr. "John" Washington, individually, Cross Defendants.

Edward Louis Owen, III, Nicoletti, Gonson & Spinner, LLP, New York City, for Michael Pawel, individually, Carmen L. Torres, individually, Roger Younger, individually, August Aichhorn Center for Adult Residential Care, Inc., Larry Fox, individually, Paul Green, individually, Mr. "John" Washington, individually, Cross Claimants.

Kimberly Dorothy Conway, New York City Law Depart. Office of the Corporation Counsel, New York City, for Olga Kolmanodsky, individually, Marie Santiago, individually, William Bell, as Commissioner of the Administration for Children's Services of the City of New York, Olga Kolmanodsky, as caseworker for the Administration for Children's Services of the City of New York, Marie Santiago, as caseworker for the Administration for Children's Sendees of the City of New York, Cross Claimants.


OPINION AND ORDER

SCHEINDLIN, District Judge.

I. INTRODUCTION

In order to state a cause of action under section 1983 of Title 42 of the United States Code ("section 1983"), a plaintiff must show that the conduct complained of was committed by a person acting under color of law. This case presents the thorny issue of whether a private entity and its employees may be acting under color of state law in providing services to a young adult remaining...

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