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

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

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

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.