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RESPRESS v. FERRARA

No. 70 Civ. 4853.

321 F.Supp. 775 (1970)

Darryl RESPRESS, by his father and next friend, Horace Respress, on behalf of himself and all others similarly situated, Plaintiff, v. Vincent J. FERRARA, individually and as Judge of the New York City Family Court, and Florence M. Kelley, individually and as Administrative Judge of the New York City Family Court, Defendants.

United States District Court, S. D. New York.

December 14, 1970.

Attorney(s) appearing for the Case

M. F. Y. Legal Services, Inc., New York City, by Marttie L. Thompson, Sue Ann Shay, New York City, of counsel; Community Action for Legal Services, Inc., New York City, by John DeWitt Gregory, Marcia Lowry, New York City, of counsel, for plaintiff.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants; Charles A. La Torella, Jr., New York City, of counsel.

LASKER, District Judge.

Darryl Respress is a fifteen-year old boy whose trial on charges of juvenile delinquency is pending in the New York City Family Court. He brings this suit for declaratory and injunctive relief under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. Jurisdiction is predicated on 28 U.S.C. § 1343(3) and (4).

The remedy sought under 28 U.S.C. § 2201 is (1) a judgment declaring unconstitutional the New York Family Court practice...

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