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OSORIO v. RIOS

Civ. Nos. 74-240, 74-924, 75-322 and 75-938.

429 F.Supp. 570 (1976)

Francisca OSORIO et al., Plaintiffs, v. Carlos RIOS et al., Defendants. Evelyn HERNAIZ et al., Plaintiffs, v. Norberto GARCIA et al., Defendants. Angela RODRIGUEZ et al., Plaintiffs, v. Carlos RIOS et al., Defendants. Juana NIEVES et al., Plaintiffs, v. Carlos RIOS et al., Defendants.

United States District Court, D. Puerto Rico.

February 26, 1976.

Attorney(s) appearing for the Case

Lcda. María Laura Colón, Puerto Rico Legal Services, Inc., Hato Rey, P. R., for plaintiffs.

Secretary of Justice, Dept. of Justice, Commonwealth of Puerto Rico, San Juan, P. R., for defendants.

Before CAMPBELL, Circuit Judge, TOLEDO, Chief Judge, and PESQUERA, District Judge.

OPINION

LEVIN H. CAMPBELL, Circuit Judge.

This class action is brought by certain juvenile offenders in Puerto Rico who were placed in adult jails by judicial order. Plaintiffs contend that 34 L.P.R.A. § 2007(c), a statute allowing courts to put juvenile offenders in adult jails or prisons, violates the Constitution of the United States, and is therefore invalid. The challenged portion of the statute reads as follows:

"No child shall be held...

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