Estate of Costobile-Fulginiti v. City of Philadelphia

MEMORANDUM OPINION

GOLDBERG, District Judge.

This case, involving the tragic death of a two-month old infant, comes before the Court on the City of Philadelphia’s (“the City”) motion for summary judgment. The primary issue before the Court is whether the City is liable, pursuant to 42 U.S.C. § 1983, for releasing the infant to the mother’s home despite the fact that the infant tested positive for methadone at birth and where the City was aware of several subsequent reports regarding inadequate care. As the City did not owe a general duty to the infant to protect him from harm and because the…