DOE v. ANKER

No. 77 Civ. 2193 (JMC).

451 F.Supp. 241 (1978)

John DOE (a pseudonym), Plaintiff, v. Irving ANKER, Individually and as Chancellor of the New York City School District, Naomi Poole, Individually and in her representative capacity, Arthur A. Nareff, Individually and in his representative capacity, Frank A. Arricale, II, Individually and in his representative capacity, James Boffman, Individually and in his representative capacity, Ronald King, Individually and in his representative capacity, Stanley Klein, Individually and in his representative capacity, the Board of Education of the City of New York, Joseph Monserrat, Individually and as a member of the Board of Education, James F. Regan, Individually and as a member of the Board of Education, Stephen Aiello, Individually and as a member of the Board of Education, Joseph G. Barkan, Individually and as a member of the Board of Education, Robert Christen, Individually and as a member of the Board of Education, Amelia Ashe, Individually and as a member of the Board of Education and Isaiah Robinson, Individually and as a member of the Board of Education, Defendants.

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

May 10, 1978.


Attorney(s) appearing for the Case

James R. Sandner, New York City (A. Michael Weber, New York City, of counsel), for plaintiff.

Allen G. Schwartz, Corp. Counsel of City of New York, New York City (Judith Kawer Kay, New York City, of counsel), for defendants.


OPINION

CANNELLA, District Judge:

After a bench trial, advanced and consolidated with plaintiff's application for a preliminary injunction, defendants are directed to afford plaintiff a hearing on their finding that plaintiff was unfit to teach by reason of mental illness. This action is stayed pending the outcome of the hearing.

FACTS

In September of 1971, plaintiff was licensed and appointed in a New York City High School as a health...

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