FINCH v. CITY OF NEW YORK

No. 04 Civ. 4434 (SAS).

591 F.Supp.2d 349 (2008)

Barbara FINCH, Individually and on behalf of Manny Moe, Plaintiffs, v. The CITY OF NEW YORK; Administration for Children's Services; New Alternatives for Children, Inc.: Talbot Perkins Agency; Donnett Huggins, individually, under color of state law, and in her official capacity as an employee Case Planning Specialist, Administration for Children's Services; Nancy Ruiz, individually, under color of state law, and in her official capacity as an employee, Child Evaluation Specialist, Administration for Children's Services; Francis Okeke, individually, under color of state law, and in his official capacity as an employee, Supervisor of Case Planning Specialists, Administration for Children's Services; Gibre Abraha, individually, under color of state law, and in his official capacity as an employee, Case Manager, Administration for Children's Services; Kelly Ellingham individually, under color of state law, and in her official capacity as an employee, Case Planner, Talbot Perkins Agency; Ellen Quan, individually, under color of state law, and in her official capacity as an employee, Case Planner, Talbot Perkins Agency; Maritza Shapiro individually, under color of state law, and in her official capacity as an employee, Supervisor of Case Planners, Talbot Perkins Agency; Alicia O'Hare, individually, under color of state law, and in her official capacity as an employee, Case Worker Supervisor, New Alternatives for Children; Mary Moe, individually, under color of state law, and in her official capacity as an employee, Supervisor of Foster Care, New Alternatives for Children, Defendants.

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

June 19, 2008.


Attorney(s) appearing for the Case

Thomas Hoffman, Esq., Law Offices of Thomas Hoffman, P.C., New York, NY, for Plaintiffs.

Albert E. Risebrow, Esq., Fumuso, Kelly, DeVerna, Snyder, Swart & Farrell, LLP, Hauppauge, NY, for Defendants.


OPINION AND ORDER

SHIRA A. SCHEINDLIN, District Judge:

I. INTRODUCTION

Plaintiff Barbara Finch brings this suit under section 1983 of Title 42 of the United States Code, claiming damages for due process violations committed by the defendants in not placing her grandchild, Manny Moe, into her custody and restricting her visitation rights to Manny. Talbot Perkins Children's Services ("Talbot Perkins") and its employees move for summary judgment...

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