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DOE v. N.Y. CITY DEPT. OF SOCIAL SERVICES

No. 86 Civ. 4011 (MJL).

670 F.Supp. 1145 (1987)

Ricardo DOE, by his next friend Elizabeth JOHANNS; and Richard Roe, by his next friend James T. Ratner, individually and on behalf of all other persons similarly situated, Plaintiffs, v. The NEW YORK CITY DEPARTMENT OF SOCIAL SERVICES; George Gross, individually and as Administrator of the New York City Human Resources Administration and as Commissioner of the New York City Department of Social Services; and Eric Brettschneider, individually and as Assistant Administrator of Special Services for Children, Defendants.

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

September 24, 1987.

Attorney(s) appearing for the Case

Lenore Gittis, Janet R. Fink, The Legal Aid Society, Juvenile Rights Div., by Rose E. Firestein, Jane M. Sufian, New York City, for plaintiffs.

Peter L. Zimroth, Corp. Counsel of the City of New York by Frederick P. Schaffer, Antonia Levine, Allan M. Schlesinger, Daniel Turbow, Gwyneth Murphy, New York City, for defendants.

MEMORANDUM OPINION AND ORDER

LOWE, District Judge.

This case is about the substantive due process rights of children whose family is the City of New York because their parents either aren't permitted to continue custody or voluntarily surrender it. The children involved in this lawsuit are repeatedly kept in city offices during the day, don't know where they will sleep at night and carry their possessions from place to place in plastic garbage bags. The...

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