ANSPACH v. PHILADELPHIA, DEPT. OF PUBLIC HEALTH

No. 05-3632.

503 F.3d 256 (2007)

Melissa L. ANSPACH, a Minor, by and through her Parents and Natural Guardians, Kurt A. ANSPACH and Karen E. Anspach; Kurt A. Anspach; Karen E. Anspach, in their own right, Appellants v. CITY OF PHILADELPHIA, DEPARTMENT OF PUBLIC HEALTH; John F. Domzaliski, Health Commissioner; Louise Lisi; Maria Fedorova; Mary Gilmore, R.N.; Jitendra N. Shah, M.D.; City of Philadelphia.

United States Court of Appeals, Third Circuit.

Filed: September 21, 2007.


Attorney(s) appearing for the Case

Joseph P. Stanton, Esq., (Argued), Law Offices of Joseph P. Stanton Jenkintown, PA, Attorney for Appellants.

Jane Lovitch Istvan, Esq., (Argued), Senior Attorney, Appeals, City of Philadelphia Law Department, Romulo L. Diaz, Jr., City Solicitor, Philadelphia, PA, Arthur B. Keppel, Esq., Charles A. Fitzpatrick, Esq., Rawle & Henderson, Philadelphia, PA, Attorney for Appellees.

Terry L. Fromson, David S. Cohen, Women's Law Project, Philadelphia, PA, Susan Frietsche, Women's Law Project, Pittsburgh, PA, Paul Messing, Kairys, Rudovsky, Epstein & Messing, Philadelphia, PA, Attorneys for Amici Curiae.

Before: McKEE, AMBRO, and STAPLETON, Circuit Judges.


OPINION

McKEE, Circuit Judge.

Melissa Anspach and her parents brought this action against the city of Philadelphia (the "City") and certain of its employees and agents, including the City's Health Department and the Commissioner of Public Health. Melissa is a 16-year-old unemancipated minor. They allege that agents of the City violated Melissa's constitutionally protected right to bodily integrity and parental guidance, as well as her parents' constitutional...

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