Legal Opinion

Josephina Duchesne as Administratrix of the Estate of Pauline Perez v. Jule M. Sugarman

Court of Appeals for the Second Circuit

Decided November 8, 1977No. 894, Docket 76-7475PublishedCited by 364 opinions

1Opinion of the Court

BLUMENFELD, District Judge:

This is a civil rights action brought pursuant to 42 U.S.C. § 1983 seeking money damages. The gravamen of the claim is the allegedly unlawful and unconstitutional assumption and retention of the custody of two minor children without their mother’s consent and without benefit of a hearing or court order. The action was initiated in August 1972 by Pauline Perez on behalf of herself and her two minor children. Named as defendants were four supervisory-level municipal welfare employees and two private child-caring institutions.

A jury trial was commenced in the United…

2Cases cited49 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Scheuer v. RhodesSupreme Court of the United States · 1974
  4. Morrissey v. BrewerSupreme Court of the United States · 1972
  5. Rizzo v. GoodeSupreme Court of the United States · 1976

44 more not listed; retrieve them via the Exa API.

3Cited by364 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Dodds v. RichardsonCourt of Appeals for the Tenth Circuit · 2010
  3. Connie Robison v. Susan R. Via and Harold HarrisonCourt of Appeals for the Second Circuit · 1987
  4. James Williams v. Harold J. Smith, Superintendent, and W. Morgan, C.O., Attica Correctional FacilityCourt of Appeals for the Second Circuit · 1986
  5. Hooks v. HooksCourt of Appeals for the Sixth Circuit · 1985

359 more not listed; retrieve them via the Exa API.

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