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BEARD v. WYMAN

No. 70 Civ. 1035.

321 F.Supp. 544 (1970)

Deborah BEARD, Nelson Hernandez, Julio Colon, individually and on behalf of all other persons similarly situated, Plaintiffs, v. George K. WYMAN, individually and in his capacity as Commissioner of the New York State Department of Social Services, and Jack R. Goldberg, individually and in his capacity as Commissioner of the New York City Department of Social Services, Defendants.

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

July 8, 1970.

Attorney(s) appearing for the Case

Marttie Louis Thompson (MFY), New York City, by David A. Diamond, Stephen Wizner and Virginia Schuler, New York City, of counsel, for plaintiffs.

Louis J. Lefkowitz, Atty. Gen. by Michael Colodner, Asst. Atty. Gen., of counsel for defendant Wyman.

J. Lee Rankin, Corp. Counsel by Yvette G. Harmon and Victor P. Muskin, New York City, of counsel for defendant Goldberg.

MOTLEY, District Judge.

Memorandum Opinion on Motion for Preliminary Injunction

This is a civil rights action, 42 U.S.C. § 1983, 28 U.S.C. § 1343, brought to enjoin the enforcement of a recently adopted procedure by the New York City Department of Social Services which requires narcotics addicts who are amenable to treatment to submit to rehabilitation therapy as a condition of home relief (welfare assistance).

Plaintiffs' motion...

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