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DONALD M v. MATAVA

Civ. A. No. 84-1212-W.

668 F.Supp. 714 (1987)

DONALD M and Annette M, Plaintiffs, v. Marie A. MATAVA, individually and in her official capacity as Commissioner of the Massachusetts Department of Social Services, et al., Defendants.

United States District Court, D. Massachusetts.

July 13, 1987.

Attorney(s) appearing for the Case

Marjorie Heins, Massachusetts Civ. Liberties Foundation, Keith Halpern, Silverglate, Gertner, Fine, & Good, Boston, Mass., for plaintiffs.

Suzanne E. Durrell, Asst. Atty. Gen., Government Bureau, John Eklund, Sloane & Walsh, Boston, Mass., for defendants.

ORDER

WOLF, District Judge.

Upon consideration of the memoranda and oral arguments of the parties, it is hereby ORDERED that:

1. The motions of defendants Marie A. Matava and Massachusetts General Hospital to dismiss the plaintiffs' complaint for failure to state a federal claim upon which relief can be granted are DENIED. Based on the facts alleged, the plaintiffs have viable claims that their federal constitutional Fourth Amendment and family privacy...

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