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SIMMONS v. CHEMUNG CTY. DEPT. OF SOCIAL SERVICES

No. CIV-90-560T.

770 F.Supp. 795 (1991)

Floyd SIMMONS, Yvonne Simmons, Pamela Simmons, Cheryl Simmons, Judy Evans, Plaintiffs, v. The CHEMUNG COUNTY DEPARTMENT OF SOCIAL SERVICES, Lisa Cocco-Robbins, Linda Lincoln, Karen Carlyle, Donna Guinane, All Individually and as employees of the Chemung County Department of Social Services, William Meade, Kathy Butler-Dinova, Both Individually and as employees of the N.Y.S. Department of Social Services, and Craig Banfield, Individually and as an Officer of the Village of Horseheads Police Department, Defendants.

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

April 1, 1991.

Attorney(s) appearing for the Case

Raymond J. Urbanski, Elmira, N.Y., for plaintiffs.

John F. O'Mara, Davidson & O'Mara, P.C., Elmira, N.Y., for Chemung Cty., Cocco-Robbins, Smith, Lincoln, Carlyle, Guinane.

Carlos Rodriguez, Asst. Atty. Gen., Rochester, N.Y., for Meade, Butler-Dinova.

James F. Young, Sayles, Evans, Brayton, Palmer & Tifft, Elmira, N.Y., for Craig Banfield.

DECISION AND ORDER

TELESCA, Chief Judge.

Plaintiffs Judy Evans and Floyd, Yvonne, Pamela, and Cheryl Simmons commenced this action pursuant to 42 U.S.C. § 1983, alleging that the Chemung County Department of Social Services and five of its employees violated their constitutional rights to due process during the course of their investigation into allegations of possible sexual abuse at the Victory Life Day Care Center ("Victory Life"). The defendants...

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