Legal Opinion

Martarella v. Kelley

District Court, S.D. New York

Decided October 16, 1972No. 71 Civ. 3159PublishedCited by 80 opinions

1Opinion of the Court

LASKER, District Judge.

The rapid urbanization of the United States in this century and the heavy influx of the poor to the cities in the last two decades have produced a numerous class of children whose conduct, although not criminal in character or legal designation, results in their incarceration.

Robert Martarella and his fellow plaintiffs 1 are members of that group —alleged or adjudicated to be “Persons In Need of Supervision” (PINS) pursuant to § 732 of the Family Court Act of New York (The Act). They bring this civil rights action for a declaration that their temporary detention in the…

2Cases cited35 opinions

  1. In Re WINSHIPSupreme Court of the United States · 1970
  2. Ex Parte YoungSupreme Court of the United States · 1908
  3. In Re GAULTSupreme Court of the United States · 1967
  4. Pierson v. RaySupreme Court of the United States · 1967
  5. Robinson v. CaliforniaSupreme Court of the United States · 1962

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

3Cited by80 opinions

  1. People v. FeagleyCalifornia Supreme Court · 1975
  2. Kenneth Donaldson v. J. B. O'connor, M.D. And John Gumanis, M.D.Court of Appeals for the Fifth Circuit · 1974
  3. Wyatt v. AderholtCourt of Appeals for the Fifth Circuit · 1974
  4. Halderman v. Pennhurst State School & HospitalDistrict Court, E.D. Pennsylvania · 1978
  5. State Ex Rel . Harris v. CalendineWest Virginia Supreme Court · 1977

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