SEGALL v. JACOBSON

No. 69 Civ. 408.

295 F.Supp. 1121 (1969)

John SEGALL, an infant under the age of seventeen (17) years, by Evaline Segall, his natural parent and guardian, suing on behalf of themselves and all others similarly situated, Plaintiffs, v. Nathan JACOBSON, District Superintendent of schools for District No. 5, Manhattan; Murray A. Cohn, Principal, the Louis D. Brandeis High School, Manhattan; the Board of Education of the City of New York, and Bernard E. Donovan, Superintendent of Schools of the City of New York, Defendants.

United States District Court S. D. New York.

February 12, 1969.


Attorney(s) appearing for the Case

David S. Fitzpatrick, Henry M. di Suvero, William M. Kunstler, Dennis Roberts, New York City, for plaintiffs.

J. Lee Rankin, New York City, Corporation Counsel, for defendants; John J. Loflin, Jr., New York City, Charles D. Maurer, Jamaica, N. Y., of counsel.


EDWARD WEINFELD, District Judge.

A rather puerile, name-calling article containing obscenities, among other vulgar matters, published in a paper which forged the official masthead of a school newspaper, has provoked this lawsuit.

The immediate issue is a motion for a preliminary injunction which, among other relief, would at once retransfer and reinstate the infant plaintiff to the school where he distributed the paper from the school to which he was transferred...

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