DOE v. SCOTT

No. 86 Civ. 1288 (WK).

652 F.Supp. 549 (1987)

John DOE 1 and Jane Doe 1, Individually and as Parents and Natural Guardians of Ann Doe 1, John Doe 2 and Jane Doe 2, Individually and as Parents and Natural Guardians of Ann Doe 2, John Doe 3 and Jane Doe 3, Individually and as Parents and Natural Guardians of Alan Doe 1, John Doe 4 and Jane Doe 4, Individually and as Parents and Natural Guardians of Alan Doe 2, John Doe 5 and Jane Doe 5, Individually and Natural Guardians of Alan Doe 3, John Doe 6 and Jane Doe 6, Individually and as Natural Guardians of Alan Doe 4, John Doe 7 and Jane Doe 7, Individually and as Natural Guardians of Ann Doe 3, Ann Doe 4, Ann Doe 5, and Alan Doe 5, and Jane Doe 8, Individually and as Mother and Natural Guardian of Ann Doe 6, Plaintiffs, v. Lt. General Willard R. SCOTT, Jr., Superintendent, United States Military Academy, West Point, Honorable John O. Marsh, Jr., Secretary of the Army, the United States of America, A, B, C, D, E, F, G, H, I, J, and K, Present and Former Employees of the West Point Child Development Center and "X" 1, "X" 2, "X" 3, "X" 4, "Y" 1, "Y" 2, "Y" 3, and "Y" 4, and "Z" 1, "Z" 2, "Z" 3, and "Z" 4, Students, Former Students, Employees, or Former Employees, and/or Invitees and Permitees of the O'Neil High School of the Highland Falls, Fort Montgomery General School District, Whose Identities are not Presently Known, and M1 and M2, Defendants.

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

January 28, 1987.


Attorney(s) appearing for the Case

William E. Crain, Drake, Sommers, Loeb & Tarshis, P.C., Newburgh, N.Y., for plaintiffs.

Rudolph W. Giuliani, U.S. Atty. for S. Dist. N.Y. by Robert W. Gaffey, Asst. U.S. Atty., for defendants.


WHITMAN KNAPP, District Judge.

Parents seek to recover for injuries sustained by their children while the infants were under the care and custody of the West Point Child Development Center ("Center"), a day care center operated by the United States Military Academy at West Point, New York. Plaintiffs allege that the infants were physically abused and sexually molested by Center employees as well as by strangers due to the defendants' negligent operation of the Center...

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