Legal Opinion

Rodriguez ex rel. Kelly v. McLoughlin ex rel. Cardinal Children'sn & Family Services

District Court, S.D. New York

Decided January 8, 1999No. 96 Civ.1986(KMW)PublishedCited by 1 opinion

1Opinion of the Court

AMENDED OPINION and ORDER

KIMBA M. WOOD, District Judge.

This action arises out of Cardinal McCloskey Children’s and Family Services’s (“McCloskey”) removal of a former foster child, Les Andrew Kelly (“Andrew”), on an alleged emergency basis from the home of his former foster, now adoptive, mother, Sylvia Rodriguez, on March 18,1994. Sylvia Rodriguez, individually and on behalf of her son Andrew, alleges under 42 U.S.C. § 1983 that the removal of Andrew violated their right to procedural due process guaranteed by the Due Process Clause of the Fourteenth Amendment because (1) the circumstances…

2Cases cited54 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Mathews v. EldridgeSupreme Court of the United States · 1976
  5. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972

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3Cited by1 opinion

  1. RODRIGUEZ EX REL. KELLY v. McLoughlinDistrict Court, S.D. New York · 1999

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