Legal Opinion

Fialkowski v. Greenwich Home for Children, Inc.

Court of Appeals for the Third Circuit

Decided December 6, 1990No. 90-1136PublishedCited by 50 opinions

1Opinion of the Court

OPINION OF THE COURT

ALITO, Circuit Judge:

Leona and Marion Fialkowski (“the Fial-kowskis”), appeal from a district court order granting summary judgment in favor of Northeast Community Mental Health and Mental Retardation Center, Inc. (“Northeast”), in their action seeking damages for the tragic choking death of their profoundly retarded adult son, Walter Fial-kowski. Since we conclude that the undisputed facts cannot support a verdict against Northeast under the Due Process Clause of the Fourteenth Amendment or under state tort law, we will affirm.

I

A. Walter Fialkowski, who was 33 years old…

2Cases cited26 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  3. City of Canton v. HarrisSupreme Court of the United States · 1989
  4. Daniels v. WilliamsSupreme Court of the United States · 1986
  5. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989

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3Cited by50 opinions

  1. Nicini v. MorraCourt of Appeals for the Third Circuit · 2000
  2. Pinder v. JohnsonCourt of Appeals for the Fourth Circuit · 1995
  3. Nicini v. MorraCourt of Appeals for the Third Circuit · 2000
  4. Kevin Monahan v. Dorchester Counseling Center, Inc.Court of Appeals for the First Circuit · 1992
  5. Madison Ex Rel. Bryant v. Babcock CenterSupreme Court of South Carolina · 2006

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