UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF NEW YORK 

------------------------------------------------------------------------x 

A.C., AND H.C., by their next friend, BARBARA 

WEINER, individually and on behalf of all others similarly 

situated, 

Plaintiffs,

-againstJOHN MATTINGLY, in his official capacity as 

Commissioner of the New York City Administration for 

Children’s Services and JOHN JOHNSON, in his official 

capacity as Commissioner of the New York State Office of 

Children and Family Services. 

Defendants.

------------------------------------------------------------------------x 

05 Civ. 2986 (TPG) 

DEFENDANT 

MATTINGLY’S ANSWER 

TO SECOND CHILDREN’S 

CLASS ACTION 

COMPLAINT 

 

Defendant JOHN MATTINGLY, by his attorney, MICHAEL A. CARDOZO, 

Corporation Counsel of the City of New York, answers the Second Children’s Class Action 

Complaint of A.C and H.C. (“Children’s Class Action Complaint”) in the above captioned 

action as follows: 

 1. Denies so much of the allegations of Paragraph “1” of the Children’s Class Action 

Complaint as implies wrongdoing or liability on the part of the City Defendants. 

 2. Denies the allegations of Paragraph (“2”) of the Children’s Class Action 

Complaint 

 3. Denies the allegations of Paragraph “3” of the Children’s Class Action Complaint. 

 4. Denies the allegations of Paragraph “4” of the Children’s Class Action Complaint. 

 5. Admits the allegations of Paragraph “5” of the Children’s Class Action 

Complaint. 

Case 1:07-cv-03308-TPG Document 22 Filed 04/25/2007 Page 1 of 10
 6. Admits the allegations of Paragraph “6” of the Children’s Class Action 

Complaint. 

 7. Admits the allegations of Paragraph “7” of the Children’s Class Action Complaint 

insofar as it identifies Defendant Mattingly and respectfully refers to the Court for its 

interpretation the appropriate statutes and regulations defining the powers and duties of the 

Commissioner and the Administration . 

 8. Admits the allegations of Paragraph “8” of the Children’s Class Action 

Complaint. 

9. Denies the allegations of Paragraph “9” of the Children’s Class Action Complaint 

except admits that the action is purportedly brought pursuant to the statute cited and further 

denies that such statute confers federal question jurisdiction on this Court. 

 10. Admits the allegations of Paragraph “10” of the Children’s Class Action 

Complaint except denies that such statute confers federal question jurisdiction on this Court. 

 11. Admits the allegations of Paragraph “11” of the Children’s Class Action 

Complaint. 

 12. Admits the allegations of Paragraph “12” of the Children’s Class Action 

Complaint to the extent that plaintiffs purport to be class representatives. 

 13. Denies the allegations of Paragraph “13” of the Children’s Class Action 

Complaint to the extent that it alleges that a legally cognizable class exists as defined. 

 14. Denies the allegations of Paragraph “14” of the Children’s Class Action 

Complaint. 

 15. Denies the allegations of Paragraph “15” of the Children’s Class Action 

Complaint. 

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Case 1:07-cv-03308-TPG Document 22 Filed 04/25/2007 Page 2 of 10
 16. Denies the allegations of Paragraph “16” of the Children’s Class Action 

Complaint. 

 17. Denies the allegations of Paragraph “17” of the Children’s Class Action 

Complaint. 

 18. Denies the allegations of Paragraph “18” of the Children’s Class Action 

Complaint. 

 19. Denies the allegations of Paragraph “19” of the Children’s Class Action 

Complaint. 

 20. Denies the allegations of Paragraph “20” of the Children’s Class Action 

Complaint. 

 21. Denies the allegations of Paragraph “21” of the Children’s Class Action 

Complaint except respectfully refers to the Court for interpretation the applicable statutes and 

regulations regarding protection of children in New York . 

 22. Denies the allegations of Paragraph “22” of the Children’s Class Action 

Complaint except respectfully refers to the Court for interpretation the applicable statutes and 

regulations regarding protection of children in New York. 

 23. Admits the allegations of Paragraph “23” of the Children’s Class Action 

Complaint. 

 24. Admits the allegations of Paragraph “24” of the Children’s Class Action 

Complaint and refers to the Court for interpretation the applicable statutes and rules regarding 

protection of children in New York. 

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Case 1:07-cv-03308-TPG Document 22 Filed 04/25/2007 Page 3 of 10
 25. Denies the allegations of Paragraph “25” of the Children’s Class Action 

Complaint except respectfully refers to the Court for interpretation the applicable statutes and 

regulations regarding protection of children in New York. 

 26. Denies the allegations of Paragraph “26” of the Children’s Class Action 

Complaint except respectfully refers to the Court for interpretation the applicable statutes and 

regulations regarding protection of children in New York. 

 27. Denies the allegations of Paragraph “27” of the Children’s Class Action 

Complaint. 

 28. Denies the allegations of Paragraph “28” of the Children’s Class Action 

Complaint except respectfully refers to the Court for interpretation the applicable statutes and 

regulations. 

 29. Denies the allegations of Paragraph “29” of the Children’s Class Action 

Complaint, except respectfully refers to the Court for interpretation the applicable statutes and 

regulations. 

 30. Denies the allegations of Paragraph “30” of the Children’s Class Action 

Complaint, except respectfully refers to the Court for interpretation the applicable statutes and 

regulations. 

 31. Denies the allegations of Paragraph “31” of the Children’s Class Action 

Complaint except respectfully refers to the Court for interpretation the applicable statutes and 

regulations.. 

 32. Admits the allegation of Paragraph “32” of the Children’s Class Action 

Complaint to the extent that an Independent Protocol was published and respectfully refers to 

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Case 1:07-cv-03308-TPG Document 22 Filed 04/25/2007 Page 4 of 10
the Court for interpretation the applicable statutes and regulations governing the actions taken 

pursuant to the protocol. 

33. Denies the allegations of Paragraph “33” of the Children’s Class Action 

Complaint. 

 34. Admits the allegations of Paragraph “34” of the Children’s Class Action 

Complaint. 

 35. Admits the allegations of Paragraph “35” of the Children’s Class Action 

Complaint. 

 36. Admit the allegations of Paragraph “36” of the Children’s Class Action 

Complaint. 

 37. Denies the allegations of Paragraph “37” of the Children’s Class Action 

Complaint. 

 38. Admits the allegations of Paragraph “38” of the Children’s Class Action 

Complaint. 

 39. Denies knowledge or information sufficient to form a belief as to the allegations 

of Paragraph “39” of the Children’s Class Action Complaint. 

 40. Admits the allegations of Paragraph “40” of the Children’s Class Action 

Complaint. 

 41. Admits the allegations of Paragraph “41” of the Children’s Class Action 

Complaint. 

 42. Admits the allegations of Paragraph “42” of the Children’s Class Action 

Complaint. 

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 43. Admits the allegations of Paragraph “43” of the Children’s Class Action 

Complaint. 

 44. Admits the allegations of Paragraph “44” of the Children’s Class Action 

Complaint. 

 45. Admits the allegations of Paragraph “45” of the Children’s Class Action 

Complaint. 

 46. Admits the allegations of Paragraph “46” of the Children’s Class Action 

Complaint. 

47. Admits the allegations of Paragraph “47” of the Children’s Class Action 

Complaint. 

 48. Denies knowledge or information sufficient to form a belief as to the allegations 

of Paragraph “48” of the Children’s Class Action Complaint. 

 49. Denies the allegation of Paragraph “49” of the Children’s Class Action 

Complaint. 

 50 . Admits the allegations of Paragraph “50” of the Children’s Class Action 

Complaint. 

 51. Denies the allegations of Paragraph “51” of the Children’s Class Action 

Complaint insofar as it implies unlawful behavior on the part of the Defendant Mattingly. 

 52. Admits the allegations of Paragraph “52” of the Children’s Class Action 

Complaint. 

 53. Deny knowledge or information sufficient to form a belief as to the allegations of 

Paragraph “53” of the Children’s Class Action Complaint except as appears in the case file and 

other official records regarding the foster care placement at issue in this action. 

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Case 1:07-cv-03308-TPG Document 22 Filed 04/25/2007 Page 6 of 10
 54. Admits the allegations of Paragraph “54” of the Children’s Class Action 

Complaint. 

 55. Denies the allegations of Paragraph “55” of the Children’s Class Action 

Complaint. 

 56. Denies the allegations of Paragraph “56” of the Children’s Class Action 

Complaint. 

 57. Denies the allegations of Paragraph “57” of the Children’s Class Action 

Complaint. 

 58. Denies the allegations of Paragraph “58” of the Children’s Class Action 

Complaint. 

 59. Denies the allegations of Paragraph “59” of the Children’s Class Action 

Complaint. 

 60. Denies the allegations of Paragraph “60” of the Children’s Class Action 

Complaint. 

 61. Denies the allegations of Paragraph “61” of the Children’s Class Action 

Complaint. 

 62. Denies the allegation of Paragraph “62” of the Children’s Class Action 

Complaint. 

 63. Denies the allegations of Paragraph “63” of the Children’s Class Action 

Complaint. 

 64. Denies the allegations of Paragraph “64” of the Children’s Class Action 

Complaint. 

 65. Denies the allegations of the Children’s Class Action Complaint. 

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Case 1:07-cv-03308-TPG Document 22 Filed 04/25/2007 Page 7 of 10
 66. Denies the allegations of Paragraph “66” of the Children’s Class Action 

Complaint. 

 67. Denies the allegations of Paragraph “67” of the Children’s Class Action 

Complaint. 

 68. Denies the allegations of Paragraph “68” of the Children’s Class Action 

Complaint. 

 69. Denies the allegations of Paragraph “69” of the Children’s Class Action 

Complaint. 

 

 AS AND FOR A FIRST DEFENSE:

 70. By virtue of the domestic relations exception to federal jurisdiction, the Court 

lacks subject matter jurisdiction over any claim directing or challenging the custody, placement 

or domicile of children in foster care and lacks jurisdiction to enter injunctive relief with respect 

to such claims. 

AS AND FOR A SECOND DEFENSE:

71. Barbara Weiner, as alleged next friend of the infant plaintiffs, lacks standing to 

assert any claims on behalf of the infant plaintiffs. 

AS AND FOR A THIRD DEFENSE:

 

72. The Children’s Class Action Complaint fails to state a claim upon which relief 

can be granted. 

AS AND FOR A FOURTH DEFENSE: 

73. Defendant Mattingly has not violated any rights, privileges or immunities under 

The Constitution or laws of the United States or the State of New York. 

 

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Case 1:07-cv-03308-TPG Document 22 Filed 04/25/2007 Page 8 of 10
AS AND FOR A FIFTH DEFENSE: 

74. At all times relevant to the acts alleged in the Children’s Class Action Complaint, 

Defendant Mattingly acted reasonably, properly, lawfully and in good faith. 

AS AND FOR A SIXTH DEFENSE: 

75. Plaintiffs’ claims are barred in whole or in part by the applicable provisions set 

 

forth within New York General Municipal Law § 50-e. 

AS AND FOR A SEVENTH DEFENSE:

76. The New York State Court of Appeals has held that the procedures attacked by 

the plaintiffs herein are constitutional. Such holding may not be collaterally attacked in this 

action under the Rooker-Feldman doctrine. 

WHEREFORE, Defendant Mattingly requests judgment dismissing the 

Children’s Class Action Complaint and denying all relief requested therein, together with such 

other and further relief as the Court deems just and proper, together with costs, fees, 

disbursements, and such other and further relief as the Court may deem just and proper. 

Dated: New York, New York 

 February 27, 2007 

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Case 1:07-cv-03308-TPG Document 22 Filed 04/25/2007 Page 9 of 10
MICHAEL A. CARDOZO 

Corporation Counsel of the 

 City of New York 

Attorney for Defendants 

100 Church Street, Room 2-106 

New York, New York 10007 

(212) 442-3329 

By: /s/ 

JESSE I. LEVINE (JL8829) 

Assistant Corporation Counsel 

 

 

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