Legal Opinion

Rhodes v. Laurino

District Court, E.D. New York

Decided February 2, 1978No. 77-C-437PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM and ORDER

COSTANTINO, District Judge.

This is an action, brought pursuant to 42 U.S.C. § 1983 and its jurisdictional counterpart, 28 U.S.C. § 1343, seeking (1) a declaration that Section 114 of the New York Domestic Relations Law is unconstitutional on its face and as applied, and (2) an injunction prohibiting the enforcement of that statute. Plaintiff claims that the statute violates his First, Fifth, Ninth, Thirteenth, and Fourteenth Amendment rights, and seeks the convening of a three-judge court to hear his claim. Since 28 U.S.C. § 2281 has been repealed, and since this is not an…

2Cases cited23 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Cruz v. BetoSupreme Court of the United States · 1972
  3. United Public Workers of America v. MitchellSupreme Court of the United States · 1947
  4. Poe v. UllmanSupreme Court of the United States · 1961
  5. Williams v. United StatesSupreme Court of the United States · 1951

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3Cited by2 opinions

  1. In Re the Justices of the Supreme Court of Puerto Rico, in Re Colegio De Abogados De Puerto Rico, and Fundacion Colegio De AbogadosCourt of Appeals for the First Circuit · 1982
  2. Robert C. Rhodes v. Louis D. Laurino, Queens County Surrogate, and Dorothy M. Dooley, Director, Adoption Department, New York Foundling HospitalCourt of Appeals for the Second Circuit · 1979

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