SOBERAL-PEREZ v. HECKLER

No. 1243, Docket 82-6340.

717 F.2d 36 (1983)

Anibal SOBERAL-PEREZ, on behalf of himself and all others similarly situated, Plaintiff-Appellant, Benito Cortez, Intervenor-Appellant, v. Margaret M. HECKLER, Secretary of Health and Human Services, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided August 30, 1983.


Attorney(s) appearing for the Case

Arthur J. Fried, New York City (Kalman Finkel, Attorney-in-Charge, The Legal Aid Society, Civil Division, New York City, Joan Mangones, Attorney-in-Charge, Staten Island Neighborhood Office, Staten Island, N.Y., Kathleen A. Masters, New York City, of counsel), for plaintiff-appellant and intervenor-appellant.

Robert L. Begleiter, New York City, Asst. U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Raymond J. Dearie, U.S. Atty., E.D.N.Y., Miles M. Tepper, Asst. U.S. Atty., Brooklyn, N.Y., of counsel), for defendant-appellee.

Jack John Olivero, New York City (Puerto Rican Legal Defense & Education Fund, Inc., New York City, Robert L. Becker, New York City, of counsel), for amicus curiae.

Before LUMBARD, NEWMAN and PRATT, Circuit Judges.


GEORGE C. PRATT, Circuit Judge:

We are faced on this appeal with the question of whether the defendant Secretary's failure to provide written notices and oral instructions, information, and advice in the Spanish language violates the statutory protection against discrimination found in § 601 et seq. of Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq., or plaintiffs' constitutional rights to due process and equal protection of the law....

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