SEIDE v. PREVOST

No. 81 Civ. 6205 (RWS).

536 F.Supp. 1121 (1982)

Marilyn SEIDE, Ellen Dines, Carol P. Horn, William Hetzer, Charles H. King, Judith Lang and Carol O'Neill, as members of the Board of Visitors of Manhattan Children's Psychiatric Center, individually and on behalf of all patients at Manhattan Children's Psychiatric Center, Barbara J. Robinson, on behalf of her daughter, Barbara E. Robinson, individually and on behalf of all patients at Manhattan Children's Psychiatric Center, and Rose Lange, on behalf of her son, John Lange, individually and on behalf of all patients at Manhattan Psychiatric Center, Plaintiffs, v. James A. PREVOST, as Commissioner of the New York State Office of Mental Health, Barbara Blum, as Commissioner of the New York State Department of Social Services, James A. Krauskopf, as Commissioner of the New York City Human Resources Administration, Robert Trobe, as Deputy Administrator of the New York City Human Resources Administration Office of Adult and Family Services, and Volunteers of America, Inc., Defendants, and Gilbert Watkins, on his own behalf and on behalf of all persons similarly situated, Intervenor-Defendant.

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

March 19, 1982.


Attorney(s) appearing for the Case

Mortimer Todel, New York City, for plaintiffs.

Robert Abrams, Atty. Gen., New York City, for state defendants; Howard L. Zwickel, Stephen M. Jacoby, Asst. Attys. Gen., New York City, of counsel.

Frederick A. O. Schwarz, Jr., Corp. Counsel of City of New York, New York City, for city defendants; George Gutwirth, Corp. Counsel, New York City, of counsel.

Robert M. Hayes, Coalition for the Homeless, New York City, for intervenor defendant.


OPINION

SWEET, District Judge.

This is a class action for injunctive relief pursuant to 42 U.S.C. § 1983 alleging deprivation of rights guaranteed by the Eighth and Fourteenth Amendments and by the New York Constitution, Article XVII, §§ 1, 3, 4, 6, New York Mental Hygiene Law §§ 7.07 and 33.03, and 14 N.Y.C.R.R. § 27.4(b).1 Jurisdiction is based on 28 U.S.C. §§ 1343 and 1651.

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