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CUSHING v. MOORE

No. 1568, Docket 92-7194.

970 F.2d 1103 (1992)

Lawrence CUSHING; Regina Belser; Alan Howard; Susan Allegra; Geri Randolph; Jane Doe; Marietta Lugo; Joseph Krzemenski; Robert Gamari, individually and on behalf of all those similarly situated, Plaintiffs-Appellants, v. Frank MOORE; William H. Benton; Essie Mariah M. Carstarphen, and as Directors, and or Supervisors of Whitney M. Young Jr. Health Center, Inc.; doing business as Whitney M. Young Jr. Rehabilitation Clinic; Whitney M. Young Jr. Health Center, Inc., doing business as Whitney M. Young Jr. Rehabilitation Clinic, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 27, 1992.

Attorney(s) appearing for the Case

Arthur J. Siegel, Albany, N.Y. (Bond Schoeneck & King, Hermes Fernandez, of counsel), for plaintiffs-appellants.

Daniel J. Stewart, Albany, N.Y. (Dreyer, Boyajian & Tuttle, of counsel), for defendants-appellees.

Before: PRATT and ALTIMARI, Circuit Judges, and KELLEHER, District Judge, for the Central District of California, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

Plaintiffs appeal from a judgment of the United States District Court for the Northern District of New York, Neal P. McCurn, Chief Judge, that dismissed their claims for lack of subject-matter jurisdiction.

Plaintiffs are outpatients at the Whitney M. Young, Jr. Health Center, Inc. Rehabilitation Clinic, where they had been receiving "take-home" methadone treatment under a program that exempted them from daily visits...

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