WILDER v. SUGARMAN

No. 73 Civ. 2644 HRT.

385 F.Supp. 1013 (1974)

Shirley WILDER et al., Plaintiffs, v. Jule SUGARMAN et al., Defendants.

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

November 19, 1974.


Attorney(s) appearing for the Case

Marcia Robinson Lowry, New York Civil Liberties Union, New York City, Charles Schinitsky, Carol Sherman and Deborah G. Steinberg, The Legal Aid Society, Brooklyn, N. Y., for plaintiffs.

Adrian P. Burke, Corp. Counsel, for defendants, Jule Sugarman, Barbara Blum, Elizabeth Beine and Adolin Dall, by James G. Greilsheimer, Carmella Ackman, Asst. Corp. Counsels, New York City.

David H. Berman, New York City, for defendants, Florence M. Kelley, Abe Lavine and George Chesbro.

Milburn & Ackerman, New York City, for defendant Talbor Perkins Children's Services.

Hale, Grant, Meyerson, O'Brien & McCormick, New York City, for defendant, Edmund G. Burbank, individually and as Administrator of Sheltering Arms Children's Services.

McDermott & Torpy, Peekskill, N. Y., for defendant, Sister Mary Patricia Kelley, individually and as Executive Director of Villa Loretto.

Migdal, Tenney, Glass & Pollack, New York City, for defendant, Veleria E. Bullard, individually and as Executive Director of Hillcrest Center for Children.

Austin J. Power, New York City, for defendant, Vernon Daniels, individually and as Executive Director of Society for Seamen's Children.

Martin & Carey, New York City, for defendant, Dr. Edward L. Hawthorne, individually and as Administrator of Brooklyn Home for Children.

Satterlee & Stephens, New York City, for defendant, Robert M. Bauers, individually and as Administrator of Lutheran Community Services.

Amend & Amend, New York City, for defendant, Sister Laura Marie, individually and as Executive Director of St. Germaine's Home.

Willkie, Farr & Gallagher, New York City, for defendant, Msgr. Edmund F. Fogarty, individually and as Administrator of Mission of the Immaculate Virgin.

Morton L. Deitch, Donald L. Newborg, New York City, for defendant, Jacob L. Trobe, individually and as Executive Director of Jewish Child Care Assn.

Bodell, Gross & Magovern, New York City, for defendants, William H. Bennington, individually and as Executive Director of St. Christopher's School; Sister Mary Kiernan, individually and as Administrator of Cardinal McCloskey School & Home; Dr. Ian A. Morrison, individually and as Administrator of Greer, A Children's Community; Sister Marita Paul, individually and as Administrator of St. Joseph's Home of Peekskill; Sister Marian Cecilia Schneider, individually and as Administrator of The New York Foundling Hospital; Rosemary A. Sheridan, individually and as Administrator of St. Cabrini Home, Inc.; Sister Della Mae Quinn, R.S.M., individually and as Administrator of St. Michael's Home; and Sister Rose Vincent, individually and as Administrator of St. Agnes Home and School for Children.

Polier, Tulin & Clark, New York City, for defendant, Florence Kreech, individually and as Executive Director of Louise Wise Services.

Bleakley, Platt, Schmidt & Fritz, New York City, for defendant, Etta M. Stelle, individually and as Administrator of Speedwell Services for Children.

Humes, Andrews, Botzow & Wagner, New York City, for defendant, Rev. William J. Winterrowd, individually and as Executive Director of St. Peter's School.

Reilly, Fleming & Reilly, New York City, for defendant, Sister Merced, individually and as Administrator of Divine Providence Shelter.

Cullen & Dykman, Brooklyn, N. Y., for defendant, John D. Lyman, Jr., individually and as Administrator of Brookwood Child Care.

Davis, Polk & Wardwell, New York City, for or of counsel to 25 defendants.

Robinson, Silverman, Pearce, Aronsohn, Sand & Berman, New York City, for defendant, Dr. Jerome M. Goldsmith, individually and as Executive Director of Jewish Board of Guardians.

Marcel Weber, New York City, for defendant Lester Kaufman, individually and as Administrator of Ohel Children's Home Fund, Inc.

Bernstein, Seawell, Kaplan, Block & Weiner, New York City, for defendant Dora Zucker, individually and as Administrator of Hebrew Children's Home.

Patrick Campbell, New City, N. Y., for defendant Donald Porcaro, individually and as Administrator of St. Agatha Home for Children.

Fox & Meyer, New York City, for defendant Isaac Maizes, individually and as President of Maimonides Residential Center.

Harry A. Gross, New York City, for defendant Tev Goldsman, individually and as Executive Director of Blueberry, Inc.

Gruberg, McKay, O'Keefe & Barranco, New York City, for defendants Ruth V. Freedman, individually and as Administrator of Salvation Army Foster Home and Adoption Services, and Brigadier Henry Berkhoudt, individually and as Superintendent of Wayside Home School for Girls.

Milbank, Tweed, Hadley & McCloy, New York City, for defendant Douglas W. Merrill, individually and as Executive Director of Woodycrest Five-Points Child Care.

Sage, Gray, Todd & Sims, New York City, for defendant Sister Mary Patrick, individually and as Administrator of St. Dominic's Home.

Spengler, Carlson, Gubar & Churchill, New York City, for defendant Russell C. Snow, individually and as Administrator of Jennie Clarkson Home.

Weller, Rogers, Bergen & Froessel, Jamaica, N. Y., for defendant Severin J. Laliberte, individually and as Administrator of Ottilie Home for Children.

Kelley, Drye, Warren, Clark, Carr & Ellis, New York City, for defendants William M. Griffin, individually and as Director & Julia Dyckman, Andrus Memorial Home and Lester Peddy, individually and as Director of Brooklyn Bureau of Community Services.

Joseph W. McGovern, New York City Hurley, Kearney & Lane, Brooklyn, N. Y., for amici curiae, Archdiocese of New York and Catholic Charities, Diocese of Brooklyn.

Louis H. Pollak, University of Pa. Law School, Philadelphia, Pa., for amicus curiae, Citizens' Committee for Children of New York, Inc.

Karl D. Zukerman, Richmond, for amicus curiae, Federation of Jewish Philanthropies of New York.

Norman Dorsen, New York City, for amicus curiae, Federation of Protestant Welfare Agencies, Inc.

Before MANSFIELD, Circuit Judge, and TYLER and DUFFY, District Judges.


OPINION

PER CURIAM.

On June 14, 1973, plaintiffs commenced this action seeking a declaration that the New York constitutional and statutory provisions for child placement violate the First, Eighth and Fourteenth Amendments on the grounds that they discriminate against children who are black and Protestant. The plaintiffs are six named children for whom guardians ad litem have been appointed.

The complaint names as defendants, individually...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases