CICERO v. OLGIATI

No. 75 Civ. 2059.

426 F.Supp. 1210 (1976)

Paula CICERO et al., Plaintiffs, v. Ennis J. OLGIATI, Individually and as Chairman of the New York State Board of Parole, et al., Defendants.

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

November 24, 1976.


Attorney(s) appearing for the Case

David Rudenstine, Project on Sentencing and Parole, New York Civil Liberties Union, New York City, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen., State of New York, New York City, for defendants; Jules E. Orenstein, Asst. Atty. Gen., New York City, of counsel.


LASKER, District Judge.

This class action suit, brought on behalf of prisoners in New York State correctional facilities, challenges N.Y. Correction Law § 213, which sets the standard for parole release decision-making, as unconstitutional under the due process and equal protection clauses of the Fourteenth Amendment. In an earlier opinion, the claim of racial, class and ethnic discrimination was dismissed "unless plaintiffs amend their complaint within thirty...

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