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CHENKIN v. BELLEVUE HOSP. CTR., N. Y. C., ETC.

No. 79 Civ. 1672.

479 F.Supp. 207 (1979)

Paul CHENKIN, Plaintiff, v. BELLEVUE HOSPITAL CENTER, NEW YORK CITY HEALTH & HOSPITALS CORPORATION and Anne P. Ryan, in her official capacity as Director of Personnel Management of the New York City Health & Hospitals Corporation, Defendants.

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

September 20, 1979.

Attorney(s) appearing for the Case

Eugene N. Harley, Jeremiah S. Gutman, Levy, Gutman, Goldberg & Kaplan, Richard Emery, New York Civil Liberties Union, New York City, for plaintiff.

Allen G. Schwartz, Corp. Counsel, New York City, for defendants; Joseph F. Bruno, Susan R. Rosenberg, New York City, of counsel.

OPINION

EDWARD WEINFELD, District Judge.

This action challenges the legality of a regulation issued by a large urban municipal hospital in an effort to prevent or reduce pilferage of hospital property, whereby bags, packages and large parcels carried by employees leaving the hospital are subject to random spot inspection. The question for decision is whether such inspections are violative of the Fourth Amendment, made applicable to the States through the...

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