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RIVERA v. MATTINGLY

No. 06 Civ. 7077 (TPG).

604 F.Supp.2d 634 (2009)

Mable RIVERA et al., Plaintiffs, v. John MATTINGLY et al., Defendants.

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

March 24, 2009.

Attorney(s) appearing for the Case

Carolyn A. Kubitschek, Lansner & Kubitschek, New York, NY, for Plaintiffs, Mable Rivera, Anthony Rivera, E.S., and B.C.

Jesse Levine, Assistant Corporation Counsel, Michael A. Cardozo, Corporation Counsel, New York City Law Department, New York, NY, for Defendants City of New York, Mattingly, Shah, Warren, Williams and Cortez.

Kennath Hayes, Hardin, Kundla, McKeon, Poletto, PA, New York, NY, for Family Support Systems Unlimited, Cummings, and Bukenya.

Robert Kraft, Assistant Attorney General, Andrew Cuomo, Attorney General New York State Office of the Attorney General, New York, NY, for defendant John Johnson.

Theresa Moser, Legal Aid Society—Juvenile Rights Division, New York, NY, for Plaintiff J.C.

OPINION

THOMAS P. GRIESA, District Judge.

Defendant John Johnson moves for judgment on the pleadings on the ground that he is immune from suit. Plaintiffs oppose the motion. The motion is denied.

Background

The claims in this case arise from the decision of New York City's Administration for Children's Services ("ACS") to remove three children (the infant plaintiffs in this action) from the home of plaintiffs Mable and Anthony...

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