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BAYER v. MONROE COUNTY CHILDREN AND YOUTH SERVICES

No. 07-4267.

577 F.3d 186 (2009)

Bruce BAYER, on his own behalf, and on behalf of minor children Gabriel Zhanay, Pedro Zhanay and John Bayer; Angela Bayer, on her own behalf, and on behalf of minor children Gabriel Zhanay, Pedro Zhanay and John Bayer v. MONROE COUNTY CHILDREN AND YOUTH SERVICES; Commonwealth of Pennsylvania; Monroe County; Sat Bahl; William Browning; Heather Dry; Brenda Rante; P.J. Geese; Eliza Loncola-Hicks; Tara Surrago; Iretha Nolls; Detective Robson; Sgt. Bowman; Chief John Lamberton; Margherita Worthington; President Judge Ronald E. Vican; Elizabeth Weeks; David Williamson; Barry Cohen; Dawn Thorton; Adel Heinlein; Dr. Judy Munoz; Donna Asure; Robert Nothstein; Walter Clatch; Ellis Karle; Dr. Taroli; Dr. Coleen Copper; District Attorney Mark Pazuhanich, Former DA; District Attorney's Office Monroe County; Regional Children and Youth; Foster Care Division of Monroe County Sat Bahl and Heather Dry, Appellants.

United States Court of Appeals, Third Circuit.

Filed: August 14, 2009.

Attorney(s) appearing for the Case

Gerard J. Geiger, Esquire (Argued), Newman, Williams, Mishkin, Corveleyn, Wolfe & Fareri, Stroudsburg, PA, Attorney for Appellants.

Peter G. Loftus, Esquire (Argued), The Loftus Law Firm, Waverly, PA, Attorney for Appellees, Bruce Bayer and Angela Bayer.

Before SCIRICA, Chief Judge, SLOVITER and FISHER, Circuit Judges.

OPINION OF THE COURT

SCIRICA, Chief Judge.

In this action brought principally under 42 U.S.C. § 1983, at issue is whether defendants, a social worker for the Monroe County Children and Youth Services and her supervisor, are entitled to absolute or qualified immunity in connection with an allegedly unconstitutional delay in holding a dependency hearing after the agency removed children from their mother's custody. The District Court determined defendants...

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