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PATTON v. DUMPSON

No. 75 Civ. 4922.

498 F.Supp. 933 (1980)

William PATTON, by his next friends, Dr. Hylan Lewis and Mrs. Florence Logan, Plaintiff, v. James DUMPSON, Individually and as Administrator of the New York City Human Resources Administration, and as Commissioner of the New York City Department of Social Services; Carol Parry, Individually and as Assistant Administrator of Special Services For Children; Elizabeth Beine, Individually and as Director of the Bureau of Child Welfare; Adolin Dall, Individually and as Director of the Division of Inter-Agency Relationships of Special Services for Children; Sister Marian Cecilia Schneider, Individually and as Administrator of New York Foundling Hospital; Victor Remer, Individually and as Executive Director of Children's Aid Society; Bernard Shapiro, Individually and as Executive Director of the New York State Board of Social Welfare; Stephen Berger, Individually and as Commissioner of the New York State Department of Social Services, Defendants.

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

January 23, 1980.

Attorney(s) appearing for the Case

Marcia Robinson Lowry, Children's Rights Project, New York Civil Liberties Union, New York City, Steven R. Shapiro, New York City, of counsel, for plaintiff.

Allen G. Schwartz, Corp. Counsel, New York City, for municipal defendants Dumpson, Parry, Beine and Dall; Judith A. Levitt, Asst. Corp. Counsel, New York City, of counsel.

Webster & Sheffield, New York City, for defendant Victor Remer; Donald J. Cohn and Peter D. Kazaras, New York City, of counsel.

OPINION

OWEN, District Judge.

Two legal issues of first impression have been briefed by the parties to this action in the context of a court initiated motion to dismiss for failure to state a claim.1 These questions pertain to the viability of plaintiff's cause of action for damages under § 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794 ("§ 504"). That statute prohibits discrimination against handicapped...

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