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PATTON v. DUMPSON

No. 75 Civ. 4922.

425 F.Supp. 621 (1977)

William PATTON by his next friend Dr. Hylan Lewis, Plaintiff, v. James DUMPSON et al., Defendants.

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

January 3, 1977.

Attorney(s) appearing for the Case

Marcia Robinson Lowry, Children's Rights Project, New York Civil Liberties Union, New York City, for plaintiff.

W. Bernard Richland, Corp. Counsel by Carmela Ackman, New York City, for defendants Dumpson, Parry, Beine and Dall.

Donald J. Cohn, Webster, Sheffield, Fleischmann, Hitchcock & Brookfield, New York City, for defendant Remer.

Fredrick J. Magovern, Bodell, Gross & Magovern, New York City, for defendant Schneider.

MEMORANDUM AND ORDER

OWEN, District Judge.

This motion is one addressed to the sufficiency of the complaint. The complaint alleges as follows: that plaintiff William Patton is a ten year old mentally retarded black child. In 1969, at age three, he was abandoned by his mother, having been abused and neglected by her. He had scars upon his body, was non-verbal and was not toilet trained. Under appropriate provisions...

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