LOLLIS v. NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES

Nos. 70 Civ. 4750, 70 Civ. 4868.

322 F.Supp. 473 (1970)

Antoinette LOLLIS, on her own behalf and on behalf of all others similarly situated, namely those children confined to Training Schools in the State of New York, Plaintiffs, v. NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES, George K. Wyman, Commissioner, State Department of Social Services, Frank Shaughnessy, Superintendent, Brookwood Annex to the Hudson State Training School for Girls, et al., Defendants. Joe PENA, on his own behalf and on behalf of all others similarly situated, namely those children confined to and paroled from Training Schools in the State of New York, Plaintiffs, v. NEW YORK STATE DEPARTMENT OF SOCIAL SERVICES, George K. Wyman, Commissioner, State Department of Social Services, et al., Defendants.

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

December 18, 1970.


Attorney(s) appearing for the Case

Burt Neuborne, New York City, New York Civil Liberties Union, for plaintiff Lollis.

The Legal Aid Society, Brooklyn, for plaintiff Pena; James D. Silbert, of counsel.

Louis J. Lefkowitz, Atty. Gen. of State of New York, New York City, for defendants; Hillel Hoffman, New York City, of counsel.


OPINION

LASKER, District Judge.

Plaintiffs in these companion cases are children who claim that their treatment while in custody in New York State training schools has constituted cruel and unusual punishment under the Eighth Amendment or punishment imposed in violation of the Fourteenth Amendment. They have brought separate but nearly identical class actions pursuant to 42 U.S.C. § 1983 and 28 U.S.C. § 2201 seeking injunctive and declaratory relief...

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