NEGRON v. WALLACE

Nos. 246, 247, Dockets 35037, 35166.

436 F.2d 1139 (1971)

Tomacita NEGRON, by her next friend, Jonathan Weiss, Plaintiff-Appellant, v. John A. WALLACE, individually and as Director of Probation of the City of New York; Arthur B. Cole, individually and as Director of Institutional Services of Office of Probation of the City of New York; and Richard Johnson, individually and as Director of the Manida Juvenile Center, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 4, 1971.


Attorney(s) appearing for the Case

Jonathan Weiss, Center on Social Welfare Policy & Law, New York City (John Gray, Center on Social Welfare Policy & Law, New York City, of counsel, and Abraham A. Arditi, on the brief), for plaintiff-appellant.

Carmen J. Beauchamp, Asst. Counsel, New York City (Lawrence N. Marcus, Counsel, Judicial Conference of the State of New York, New York City, of counsel), for defendants-appellees.

Before FRIENDLY, SMITH and ANDERSON, Circuit Judges.


FRIENDLY, Circuit Judge:

This court yields to none in recognizing the high place in our legal system held by § 1 of the Enforcement Act of 1871, 17 Stat. 13, now 42 U.S.C. § 1983, and the Act's jurisdictional implementation, 28 U.S.C. § 1343(3). It would be hard to think of any more compelling task for a federal court than "to redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege...

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