SMITH v. ORGANIZATION OF FOSTER FAMILIES

No. 76-180.

431 U.S. 816 (1977)

SMITH, ADMINISTRATOR, NEW YORK CITY HUMAN RESOURCES ADMINISTRATION, ET AL. v. ORGANIZATION OF FOSTER FAMILIES FOR EQUALITY & REFORM ET AL.

Supreme Court of United States.

Decided June 13, 1977


Attorney(s) appearing for the Case

Maria L. Marcus, Assistant Attorney General of New York, argued the cause for appellants in Nos. 76-180 and 76-183. With her on the briefs for appellants in No. 76-183 were Louis J. Lefkowitz, Attorney General, Samuel A. Hirshowitz, First Assistant Attorney General, and Mark C. Rutzick, Assistant Attorney General. W. Bernard Richland, Leonard Koerner, and Elliot P. Hoffman filed briefs for appellants in No. 76-180. Louise Gruner Gans argued the cause for appellants in No. 76-5193. With her on the brief was Marttie L. Thompson. Helen L. Buttenwieser argued the cause for appellants in No. 76-5200. With her on the briefs was Ephraim London.

Marcia Robinson Lowry argued the cause for appellees in all cases. With her on the brief were Rena K. Uviller and Martin Guggenheim.


MR. JUSTICE BRENNAN delivered the opinion of the Court.

Appellees, individual foster parents1 and an organization of foster parents, brought this civil rights class action pursuant to 42 U. S. C. § 1983 in the United States District Court for the Southern District of New York, on their own behalf and on behalf of children for whom they have provided homes for a year or more. They sought declaratory...

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