Daniel Friedlander v. Joseph Cimino, M.D., Individually and as Commissioner of the Department of Health of the City of New York

The appellants in this appeal initiated the underlying class action, 42 U.S.C. Sec. 1983 suit in the District Court for the Southern District of New York. The appellants are non-physician, self-em ployed clinical laboratory directors who are subject to certain licensing requirements of New York State law and New York City Health Code regulations. 1 In their complaint, the appellants alleged that the defendants below had violated their Fifth, Thirteenth and Fourteenth Amendment rights by requiring them, but not certain physicians, to perform proficiency tests prepared and graded by the…