(Download) "Miles Christman v. Albert Skinner" by Supreme Court of New York # eBook PDF Kindle ePub Free
eBook details
- Title: Miles Christman v. Albert Skinner
- Author : Supreme Court of New York
- Release Date : January 29, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
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[38 A.D.2d 884 Page 884] The issues presented in this action having become moot with respect to the named plaintiff, as to him the appeal is dismissed.
Order appealed from reversed, complaint dismissed and preliminary injunction vacated, all without costs. Memorandum: Plaintiff
is no longer in jail and so, as to him, the question presented in his complaint is moot. The complaint purports to state a
class action; and we recognize that if it appears in such an action that there are others of the class with plaintiff who
are similarly situated, we should proceed to decide the issue despite the fact that plaintiff is no longer affected (see
East Meadow Assn. v. Board of Educ., 18 N.Y.2d 129, 135). The record shows that when plaintiff entered appellant's jail, he
was clean shaven. Thereafter in jail he sought to change his countenance by growing a beard. Such change could affect his
identification upon the trial. No similar factual situation is presented as to the other detainees whom plaintiff purports
to represent, and it has not been shown that other prisoners in this jail were of this special class. We find no need to extend
the class to remaining inmates who might have other grievances, albeit also related to hair adornment, and who have not sought
relief herein. As this case demonstrates, varying facts may present substantially different issues which do not lend themselves
to anticipatory determination. para. The appeal insofar as it relates to the named plaintiff should, therefore, be dismissed
as moot. There being no proper basis for entertaining the complaint as a class action, the order appealed from should be reversed,
the complaint dismissed and the preliminary injunction vacated.