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MARTARELLA v. KELLEY

No. 71 Civ. 3159.

359 F.Supp. 478 (1973)

Robert MARTARELLA, by his next friend and Law Guardian, Charles Schinitsky, et al., Plaintiffs, v. Florence KELLEY, Administrative Judge, the Family Court Judges of the State and City of New York, et al., Defendants.

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

As Amended July 5, 1973.

Attorney(s) appearing for the Case

Charles Schinitsky, The Legal Aid Society, Brooklyn, N. Y., for plaintiffs; Mara T. Thorpe, Brooklyn, N. Y., of counsel.

Louis J. Lefkowitz, Atty. Gen., New York City, for defendants; Samuel A. Hirshowitz, First Asst. Atty. Gen., Maria L. Marcus, New York City, of counsel.

J. Lee Rankin, Corp. Counsel, New York City, for defendant Sugarman; Yvette Harmon, New York City, of counsel.

OPINION AND ORDER

LASKER, District Judge.

This civil rights action is brought by children defined under § 732 of New York's Family Court Act as Persons In Need of Supervision. They alleged that the conditions in which they are and have been held in the Juvenile Detention Centers of New York City, violate the Eighth Amendment of the Constitution. After a nonjury trial we held, by opinion filed October 16, 1972, that the physical conditions at Manida...

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