Legal Opinion

Gesicki v. Oswald

District Court, S.D. New York

Decided August 30, 1971No. 71 Civ. 3276PublishedCited by 3 opinions

1Opinion of the Court

LASKER, District Judge.

Esther Gesicki, Marion Johnson and Dominica Morelli have all been committed to terms in custody 1 under the Wayward Minor statute, New York Code of Criminal Procedure, §§ 913-a through 913-dd. 2 They sue under the Civil Rights Act and the Habeas Corpus Act to set aside their convictions, for a declaration that the statute is unconstitutional, and for injunctive relief, and seek to have the case determined a class action. Jurisdiction is predicated on 28 U.S.C. § 1343(3) and (4), as well as 28 U.S.C. § 2254(a). They claim that the statute violates their rights (a) under…

2Cases cited26 opinions

  1. In Re GAULTSupreme Court of the United States · 1967
  2. Connally v. General Construction Co.Supreme Court of the United States · 1926
  3. United States v. HarrissSupreme Court of the United States · 1954
  4. Cox v. LouisianaSupreme Court of the United States · 1965
  5. Lanzetta v. New JerseySupreme Court of the United States · 1939

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3Cited by3 opinions

  1. Gesicki v. OswaldDistrict Court, S.D. New York · 1971
  2. Sero v. OswaldDistrict Court, S.D. New York · 1972
  3. People v. CudaAppellate Division of the Supreme Court of the State of New York · 1972

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