Quimbee logo
DMCA.com Protection Status

Nicholson v. Williams

203 F. Supp. 2d 153 (2002)

Case BriefRelatedOptions
From our private database of 35,400+ case briefs...

Nicholson v. Williams

United States District Court for the Eastern District of New York

203 F. Supp. 2d 153 (2002)

Facts

New York City’s Administration for Children’s Services (administration) (defendant) had a policy of removing children from mothers who had been victims of domestic violence without (1) holding a hearing or investigating what the mother had done to try to protect the children or to avoid the violence or (2) exploring less drastic alternatives. The administration rarely prosecuted the actual abusers. However, the administration charged the mothers with neglect for having “engaged in domestic violence” by being abused where the children might witness the violence. Sharwline Nicholson (plaintiff) was a caring, single mother who was attentive to her children’s needs. However, Nicholson’s boyfriend hit one of Nicholson’s children. The boyfriend had never hit Nicholson before. But when Nicholson broke up with her boyfriend, his response was to beat Nicholson so severely that she had numerous broken bones and needed emergency care. Stuck at the hospital overnight, Nicholson identified relatives who could watch her children. Instead, the administration put Nicholson’s children into foster care, where one child was hit by a foster parent. The administration also charged Nicholson with child neglect for having engaged in domestic violence. It took Nicholson weeks to get her children out of foster care and back into her custody. Nicholson sued the administration. Other mothers filed similar complaints, and the lawsuit became a class action. Evidence was presented that (1) separating children from their parents caused psychological and emotional harm, (2) separating children who had witnessed domestic violence from the nonabusive parent caused even more harm than other separations, (3) domestic-violence victims typically needed additional support and resources to safely separate from an abuser, and (4) the foster system had a significantly higher rate of abuse than the general population.

Rule of Law

Issue

Holding and Reasoning (Weinstein, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 617,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 617,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 35,400 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 617,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 35,400 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership