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Valenti v. Cohen

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


decided: May 17, 1990.

VALENTI, SALVATORE N. AND VALENTI, PAULA, J., APPELLANTS
v.
COHEN, WALTER, INDIVIDUALLY AND IN HIS CAPACITY AS FORMER SECRETARY OF THE DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA WHITE, JR., JOHN F., INDIVIDUALLY AND IN HIS CAPACITY AS SECRETARY OF THE DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA NELSON, SCOTT, M.D., INDIVIDUALLY AND IN HIS CAPACITY AS FORMER DEPUTY SECRETARY OF MENTAL HEALTH, DEPARTMENT OF PUBLIC WELFARE COMMONWEALTH OF PENNSYLVANIA HAIGH, ROBERT P., INDIVIDUALLY AND IN HIS CAPACITY AS ACTING DEPUTY SECRETARY OF MENTAL HEALTH DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA KNISLEY, MARTHA B., INDIVIDUALLY AND IN HER CAPACITY AS DEPUTY SECRETARY OF MENTAL HEALTH DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA FULTON, DOROTHY, INDIVIDUALLY AND IN HER CAPACITY AS ACTING DIRECTOR OF COMMUNITY PROGRAMS DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA MCLAUGHLIN, JUNE, INDIVIDUALLY AND IN HER CAPACITY AS DIRECTOR OF DIVISION FOR STANDARDS AND QUALITY ASSURANCE, DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA YOVANOVICH, WILLIAM, INDIVIDUALLY AND IN HIS CAPACITY AS PERSONAL CARE HOME ENFORCEMENT SPECIALIST, DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA HOOK, KEN, INDIVIDUALLY AND IN HIS CAPACITY AS PERSONAL CARE HOME PROGRAM SPECIALIST, DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA BEESE, GARY C., INDIVIDUALLY AND IN HIS CAPACITY AS CENTRAL REGION PROGRAM MANAGER DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA BEST WERTZ, LESLIE, INDIVIDUALLY AND IN HER CAPACITY AS SUPERVISOR OF INSPECTORS, CENTRAL REGION, DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA TAYLOR, GEORGE, INDIVIDUALLY AND IN HIS CAPACITY AS DIRECTOR OF POLICY AND PLANNING DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA KANE, JOHN, INDIVIDUALLY AND IN HIS CAPACITY AS CHIEF LEGAL COUNSEL, DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA ULAN, HOWARD, INDIVIDUALLY AND IN HIS CAPACITY AS CHIEF OF THE DIVISION OF LEGAL COUNSEL, DEPARTMENT OF PUBLIC WELFARE, COMMONWEALTH OF PENNSYLVANIA MUELLER, ARNOLD, M.D., INDIVIDUALLY AND IN HIS CAPACITY AS FORMER SECRETARY OF DEPARTMENT OF HEALTH, COMMONWEALTH OF PENNSYLVANIA RICHARDS, N. MARK, M.D., INDIVIDUALLY AND IN HIS CAPACITY AS SECRETARY OF HEALTH, COMMONWEALTH OF PENNSYLVANIA RISEON, JENNIFER, INDIVIDUALLY AND IN HER CAPACITY AS FORMER DIRECTOR OF PLANNING AND QUALITY ASSURANCE, DEPARTMENT OF HEALTH, COMMONWEALTH OF PENNSYLVANIA MAJORS, ANDREW, INDIVIDUALLY AND IN HIS CAPACITY AS DIRECTOR OF THE DIVISION OF QUALITY ASSURANCE, DEPARTMENT OF HEALTH, COMMONWEALTH OF PENNSYLVANIA WARD, DAVID, INDIVIDUALLY AND IN HIS CAPACITY AS CHIEF COUNSEL, DEPARTMENT OF HEALTH, COMMONWEALTH OF PENNSYLVANIA NEIPRIS, JONATHAN, INDIVIDUALLY AND IN HIS CAPACITY AS FORMER CHIEF COUNSEL, DEPARTMENT OF HEALTH, COMMONWEALTH OF PENNSYLVANIA DOES, JOHN AND ROES, MARY, UNKNOWN NAMED INDIVIDUALS BELIEVED TO BE OR TO HAVE BEEN OFFICERS, AGENTS, OR EMPLOYEES OF THE COMMONWEALTH OF PENNSYLVANIA

Appeal from the United States District Court for the Eastern District of Pennsylvania, D.C. Civil No. 88-06193, District Judge: Honorable Daniel H. Huyett, 3rd.

Mansmann, Cowen and Weis, Circuit Judges. Circuit Judges

Affirmed.

19900517

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