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WHALEN v. COUNTY OF FULTON

No. 92-CV-1338 (FJS).

941 F.Supp. 290 (1996)

George T. WHALEN and Elizabeth M. Whalen, individually and as parents and legal guardians of Michael W. Whalen, an infant, Plaintiffs, v. The COUNTY OF FULTON; The Fulton County Department of Social Services; Jeanne D. Johannes, Individually and in her Official Capacity; John Rogers, Individually and in his Official Capacity; Malinda Argotsinger, Individually and in her Official Capacity; Karen Glover, Individually and in her Official Capacity; Judith VanHeusen, Individually and in her Official Capacity; The County of Montgomery, The Montgomery County Department of Social Services, Robert L. Reidy, Individually and in his Official Capacity; Molly Johnson, Individually and in her Official Capacity; Cynthia Hallam, Individually and in her Official Capacity, Defendants.

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

September 26, 1996.

Attorney(s) appearing for the Case

Gleason, Dunn, Walsh, & O'Shea, Albany, New York (of counsel, Brendan O'Shea), for plaintiffs.

Horigan, Horigan, Penncock & Lombardo, P.C., Amsterdam, New York (of counsel, Carrie McLoughlin Noll), for Fulton County Defendants.

Maynard, O'Conner, Smith, Catalinotto, & D'Agostino, Albany, New York (of counsel, Christopher K.H. Dressler), for Montgomery County Defendants.

DECISION AND ORDER

SCULLIN, District Judge.

Introduction

Plaintiffs bring this action pursuant to 42 U.S.C. § 1983 alleging a violation of their rights under the United States Constitution. Specifically, the plaintiffs allege that the acts and omissions of the Montgomery and Fulton County Departments of Social Services and several individual social workers deprived the plaintiffs of their: (1) First Amendment right to freedom of intimate association...

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