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United States Second Circuit


Milan v. Wertheimer, 14-3527

In pro se 42 U.S.C. section 1983 action arising after the New York City Administration for Children's Services removed plaintiff's children from her custody in 2004, the district court's sua sponte dismissal of the suit is affirmed where: 1) the three-year statute of limitations for section 1983 actions bars suit against defendant case workers; 2) law guardians acting as "attorneys for the child" under New York law are not state actors for the purposes of section 1983 suits; and 3) plaintiff's mother was not a state actor.

Appellate Information

  • Published 2015/12/22

Judges

  • PER CURIAM

Court

  • United States Second Circuit

Counsel

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