# Estate of Bailey ex rel. Oare v. County of York

> Court of Appeals for the Third Circuit · June 27, 1985 · 768 F.2d 503

URL: https://www.frixlaw.com/law-library/cases/8933332

## Case

- **Full name:** ESTATE OF Aleta V. BAILEY, by Richard OARE, Administrator and Cameron C.R. Bailey v. COUNTY OF YORK, York County Children and Youth Services and Ora G. Gruver, York County Children and Youth Services Administrator, Individually and in her official capacity
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** June 27, 1985
- **Citations:** 768 F.2d 503; 79 A.L.R. Fed. 495; 1985 U.S. App. LEXIS 20091
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Adams, Aldisert, Becker, Garth, Gibbons, Grant, Higginbotham, Hunter, III, Mansmann, Seitz, Sloviter, Stapleton, Weis
- **Cited by:** 39 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Abrogated on other grounds by DeShaney v. Winnebago County Department of Social Services, 489 U.S. 189 (1989).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8933332

## How later opinions describe it (automated extraction)

- stating that a parent whose child has died as a result of unlawful state action may maintain a § 1983 action for deprivation of liberty

## Opinion text

SUR PETITION FOR REHEARING
The petition for rehearing filed by Appellees: COUNTY OF YORK, YORK COUNTY CHILDREN AND YOUTH SERVICES in the above entitled case having been submitted to the judges who participated in the decision of this court and to all other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.
Circuit Judge ADAMS votes for rehearing in banc for the reasons set forth in his dissenting opinion, and because he believes that expanding the scope of § 1983 beyond the confines of the statute imprudently burdens the federal courts and encroaches on jurisdiction reserved for the state court system.
Circuit Judges JAMES HUNTER, III and GARTH would grant the petition for rehearing in banc.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8933332. Public record. Not legal advice.