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van EMRIK v. CHEMUNG COUNTY DEPT. OF SOCIAL SERV.

No. 806, Docket 89-9005.

911 F.2d 863 (1990)

Connie Fern VAN EMRIK and Richard H. van Emrik, individually and as parents of Lane Astrid van Emrik and Kate Anna van Emrik, Plaintiffs-Appellants, v. CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES and Nancy Smith, and Marcia A. Allen, individually and as employees of Chemung County Department of Social Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 13, 1990.

Attorney(s) appearing for the Case

John C.T. Hayes, Watkins Glen, N.Y. (Connie Fern Miller, on the brief), for plaintiffs-appellants.

Kevin M. O'Shea, Elmira, N.Y. (John F. O'Mara, Weeden A. Wetmore, Davidson & O'Mara, Elmira, N.Y., on the brief), for defendants-appellees.

Before TIMBERS, NEWMAN, and ALTIMARI, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal concerns the defense of qualified immunity in the context of state interference with parental custody rights. Connie and Richard van Emrik appeal from the September 6, 1989, judgment of the District Court for the Western District of New York (David G. Larimer, Judge) dismissing, on motion for summary judgment, their suit against the Chemung County Department of Social Services ("the Department") and two child protective caseworkers...

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