COLEMAN BY LEE v. STANZIANI

Nos. 83-1730, 83-3539.

735 F.2d 118 (1984)

COLEMAN, Kaseem, a minor, by his mother and next friend, Delores LEE; and Mattox, Aaron, a minor, by his mother and next friend, Doris Mattox; Wiggins, Lawrence Lee, and Wiggins, Freddie Lee, minors, by their mother and next friend, Barbara Wiggins, on their own behalf and on behalf of all others similarly situated, Appellees, v. Joseph H. STANZIANI and Lawrence A. Brown, individually and in their official capacities as Judges of the Montgomery County Court of Common Pleas, Juvenile Division, on their own behalf and on behalf of all other Juvenile Court Judges similarly situated in the Commonwealth of Pennsylvania; Anthony Guarna, individually and in his official capacity as Chief Juvenile Probation Officer, Montgomery County, on his own behalf and on behalf of all other juvenile probation officers similarly situated in the Commonwealth of Pennsylvania. Appeal of The MONTGOMERY COUNTY COURT OF COMMON PLEAS, JUVENILE DIVISION; and Montgomery County, Pennsylvania. Joseph H. STANZIANI and Lawrence A. Brown, individually and in their official capacities as Judges of the Montgomery County Court of Common Pleas, Juvenile Division, on their own behalf and on behalf of all other Juvenile Court Judges similarly situated in the Commonwealth of Pennsylvania; Anthony Guarna, individually and in his official capacity as Chief Juvenile Probation Officer, Montgomery County, on his own behalf and on behalf of all other juvenile probation officers similarly situated in the Commonwealth of Pennsylvania; The Montgomery County Court of Common Pleas, Juvenile Division; and Montgomery County, Pennsylvania, Petitioners, v. Honorable Joseph S. LORD, III, Nominal Respondent, Kaseem Coleman, a minor, by his mother and next friend, Delores Lee; Aaron Mattox, a minor, by his mother and next friend, Doris Mattox; Lawrence Lee Wiggins and Freddie Lee Wiggins, minors, by their mother and next friend, Barbara Wiggins, on their own behalf and on behalf of all others similarly situated, Actual Respondents.

United States Court of Appeals, Third Circuit.

Decided June 4, 1984.


Attorney(s) appearing for the Case

Kathleen F. McGrath (argued), David M. Donaldson, Andrew S. Gordon, Deputy Attys. Gen., Allen C. Warshaw, Chief, Litigation Section, Harrisburg, Pa., Howland Abramson, Asst. Legal Counsel to the Court Adm'r, Walter S. Jenkins, Sweeney, Sheehan & Spencer, Philadelphia, Pa., for appellants.

Lawrence M. Schall (argued), Robert G. Schwartz, Philadelphia, Pa., Harry F. Swanger, John R. Bird, St. Louis, Mo., for appellees.

Before GIBBONS and HUNTER, Circuit Judges, and STAPLETON, District Judge.


OPINION OF THE COURT

GIBBONS, Circuit Judge:

Several juveniles have filed in the United States District Court for the Eastern District of Pennsylvania a class action for injunctive, declaratory and other relief pursuant to 42 U.S.C. § 1983 (Supp. V 1981), challenging the constitutionality of the "preventive detention" provisions of the Pennsylvania Juvenile Act. 42 Pa.Cons.Stat.Ann. §§ 6325, 6335, 6341 (Purdon 1982). The named defendants are...

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