Legal Opinion

Nicholson v. Scoppetta

Court of Appeals for the Second Circuit

Decided September 16, 2003No. Docket No. 02-7079PublishedCited by 91 opinions

1Opinion of the Court

Chief Judge JOHN M. WALKER, JR., dissents in a separate opinion.

KATZMANN, Circuit Judge.

New matters are closer to the core of a State’s essential function than the protection of its children against those who would, intentionally or not, do them harm. In this appeal, the City of New York and its chief child-welfare administrator challenge the determination of the United’ States District Court for the Eastern District of New York (Weinstein, J.) that the manner in which they have chosen to carry out this difficult task violates the Constitution. The District Court found that the City was at…

2Cases cited61 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Mathews v. EldridgeSupreme Court of the United States · 1976
  3. City of Canton v. HarrisSupreme Court of the United States · 1989
  4. City of Cleburne v. Cleburne Living Center, Inc.Supreme Court of the United States · 1985
  5. County of Sacramento v. LewisSupreme Court of the United States · 1998

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3Cited by91 opinions

  1. Nicholson v. ScoppettaNew York Court of Appeals · 2004
  2. Southerland v. City of New YorkCourt of Appeals for the Second Circuit · 2012
  3. Cox v. Warwick Valley Central School DistrictCourt of Appeals for the Second Circuit · 2011
  4. Weigel v. MarylandDistrict Court, D. Maryland · 2013
  5. K.D. ex rel. Duncan v. White Plains School DistrictDistrict Court, S.D. New York · 2013

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