Adickes v. Leary
| Decision Date | 07 January 1971 |
| Docket Number | No. 15,Docket 34622.,15 |
| Citation | 436 F.2d 540 |
| Parties | Sandra ADICKES and James Horelick, Plaintiffs-Appellants, v. Howard R. LEARY, Police Commissioner of New York City, Frank S. Hogan, District Attorney of New York City, Andre Clermont, Custodian, Washington Irving High School, Gerald Oak, Principal, Washington Irving High School and Louis Lefkowitz, Attorney General of the State of New York, Defendants-Appellees. |
| Court | U.S. Court of Appeals — Second Circuit |
Eleanor Jackson Piel, New York City, for appellants.
Lewis R. Friedman, Asst. Dist. Atty. (Frank S. Hogan, Dist. Atty. for New York County, Herman Kaufman, Asst. Dist. Atty., of counsel), for appellee Frank S. Hogan.
Leonard Koerner, New York City (J. Lee Rankin, Corporation Counsel, Stanley Buchsbaum, New York City, and Victor P. Muskin, New York City, of counsel), for appellees. Leary, Clermont and Oak.
Joel H. Sachs, Asst. Atty. Gen. (Louis J. Lefkowitz, Atty. Gen. of the State of New York, Samuel A. Hirshowitz, First Asst. Atty. Gen., of counsel), for appellee-intervenor Attorney General.
Before FRIENDLY, SMITH and HAYS, Circuit Judges.
This is an appeal from an order of the United States District Court for the Southern District of New York, Sylvester J. Ryan, Judge, granting defendants' motion to dismiss and denying plaintiffs' motion for the convening of a three-judge court and an injunction against the state criminal proceedings brought against plaintiffs. In October, 1968, the United Federation of Teachers declared an illegal strike against the New York City Board of Education. On October 16, the Board of Education directed that the schools be opened and available to students where a competent teacher appears at a school. District superintendents were thereupon authorized to issue letters of designation, appointing certain teachers as teacher-in-charge.
On October 17, plaintiffs, teachers at Washington Irving High School, appeared at that school along with Mr. Edward Williams, who had been designated teacher-in-charge. The police and defendants Clermont, school custodian, and Oak, school principal, refused them permission to enter. Approximately two hours later, plaintiff Horelick, allegedly under the "delegated authority" of Mr. Williams, entered the school. While in the school he was allegedly beaten by police, removed from the building, and arrested on charges of criminal trespass. He was also charged with resisting arrest, and subsequently with resisting arrest, and subsequently with harassment. On October 20, plaintiff Horelick again attempted to enter the building and was again arrested and charged with criminal trespass.
Plaintiff Adickes was arrested for interfering with the arrest of plaintiff Horelick. She complains that she was advised by her attorney that the District Attorney's office had information that upon being arrested, she had kicked a policeman in the groin. Having been told that, according to agents of District Attorney Hogan, if this information were not true the case would be dismissed, plaintiff Adickes submitted to a lie detector test which she "passed." The District Attorney, however, refused to dismiss the case against her.
The complaint in the present action names as defendants Messrs. Clermont, Oak and Hogan, and Howard R. Leary, Police Commissioner of the City of New York. Three causes of action are alleged. The first claims that defendants Clermont and Oak actively supported the initial arrests of plaintiffs and illegally pressed charges, thereby depriving plaintiffs of their first amendment right to teach. Damages were sought under 42 U.S.C. § 1983, which provides:
"Every person who, under color of any statute, ordinance, regulation, custom or usage, of any State or Territory, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress."
The second cause of action alleged that defendants were engaged in a conspiracy to deprive plaintiffs of their privileges and immunities as citizens, and specifically charged that defendant Clermont and defendants Oak and Leary "importuned agents of defendant Hogan"...
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Chubbs v. City of New York
...may be dismissed at the pleading stage. Cf. People of the State of New York v. Horelick, 424 F.2d 697 (2d Cir. 1970); Adickes v. Leary, 436 F.2d 540 (2d Cir., 1971). In effect such a rule would provide for a circumscribed form of summary judgment (Fed.R.Civ.P. 56) or for a dismissal of the ......
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United States ex rel. Horelick v. Criminal Ct., City of NY
...against his prosecution and for damages. The complaint was dismissed and dismissal was affirmed by the Court of Appeals. Adickes v. Leary, 436 F.2d 540 (2d Cir.), cert. denied sub nom. Adickes v. Murphy, 404 U.S. 862, 92 S.Ct. 66, 30 L.Ed. 2d 606 (1971). Simultaneously, Horelick sought to r......
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U.S. ex rel. Horelick v. Criminal Court of City of New York
...no authorization to him which would have permitted him to delegate his authority to Horelick to enter even peacefully. See Adickes v. Leary, 436 F.2d 540 (2d Cir.), cert. denied, 404 U.S. 862, 92 S.Ct. 66, 30 L.Ed.2d 606 (1971). In short, the New York Court of Appeals' holding that the defe......