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· 11/8/1977

Josephina Duchesne as Administratrix of the Estate of Pauline Perez v. Jule M. Sugarman

Citations

  • 566 F.2d 817

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a postdeprivation hearing twenty-seven months after the state takes custody violates due process
  • holding that even though mother voluntarily left children with neighbor, when State officials assumed custody of children from neighbor and refused to return children to mother, such officials were required to initiate post-deprivation proceeding
  • holding that even though mother voluntarily left children with neighbor, when State officials assumed custody of children from neighbor and refused to return children to mother, such officials were required to initiate post-deprivation proceeding
  • recognizing the right of the family \to remain together without the coercive interference of the awesome power of the state\
  • stating that \the administrative and fiscal burden to the state can be of no moment\ when the procedures were consistent with state requirements
  • recognizing the right of the family “to remain together without the coercive interference of the awesome power of the state”

Source: CourtListener parenthetical corpus (CC0).

Judges: Waterman, Gurfein, Blumenfeld

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.