Albany Welfare Rights Organization Day Care Center, Inc. v. Schrec

453 F.2d 620, cert. denied 410 U.S. 944 (2nd Cir. 1972)

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Nature of the Case

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Facts

The Albany County DSS purchases day care services for children eligible to receive such care and pays for those services with government funds. The complaint by P alleges that Albany DSS appropriated sufficient funds to purchase day care services for 33 children. P alleges that it was approved to offer such services to 20 children by the New York State DSS. P then alleges that although there was a waiting list of over 300 children for such services that D refused to send any children to P as long as Boddie was its Executive Director. Schreck, an employee of Albany DSS, told P that he believed that Boddie was not qualified to run such a center and so long as she remained, there would be no referrals by their office to P. P's complaint alleged that the refusal to send children to it was a retaliation for Boddie's organization of P and that this retaliation was a violation of free speech under the First and Fourteenth Amendments. P relied upon 28 U.S.C.A. Section 1331, 1343(3) (1970) for its claim. The complaint was dismissed.