Fisher v. City of New York
Decision Date | 24 January 1963 |
Docket Number | No. 213,Docket 27848.,213 |
Parties | William FISHER, Plaintiff-Appellant, v. The CITY OF NEW YORK, Defendant-Appellee. |
Court | U.S. Court of Appeals — Second Circuit |
William B. Moore, New York City, for plaintiff-appellant.
Leo A. Larkin, Corp. Counsel, New York City, and Seymour B. Quel, New York City, for defendant-appellee.
Before MEDINA, WATERMAN and MOORE, Circuit Judges.
Insofar as plaintiff's claim seeking monetary compensation from the municipality for his eleven year imprisonment after a conviction for manslaughter in violation of due process of law, is based upon 28 U.S.C. § 1343(3) and 42 U.S.C. § 1983, we affirm on the ground of lack of jurisdiction. The attempt to distinguish Monroe v. Pape, 1961, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492; Egan v. City of Aurora, 1961, 365 U.S. 514, 81 S.Ct. 684, 5 L.Ed.2d 741, and Spampinato v. City of New York, 2 Cir., 1962, 311 F.2d 439, is "patently without merit." Bell v. Hood, 1946, 327 U.S. 678, 683, 66 S.Ct. 773, 90 L.Ed. 939.
Insofar as plaintiff's claim is based, not on the Civil Rights Act, but directly upon Section 1 of the Fourteenth Amendment to the United States Constitution, we affirm on the ground that plaintiff has not stated a claim upon which relief can be granted under Rule 12 (b) (6) of the Federal Rules of Civil Procedure. See Bell v. Hood, supra; Shaffer v. Jordan, 9 Cir., 1954, 213 F.2d 393, 396-397.
Affirmed.
To continue reading
Request your trial-
Merco Properties, Inc. v. Guggenheimer
...693, 93 S.Ct. 1785, 36 L.Ed.2d 596 (1973). Consequently, there is no jurisdiction under 28 U.S.C. § 1343(3). See Fisher v. City of New York, 312 F.2d 890 (2d Cir. 1963). Since the Declaratory Judgment Act does not afford an independent basis for relief, 6A Moore's Federal Practice ¶ 57.05 (......
-
Sams v. New York State Board of Parole
...365 U.S. 514, 81 S.Ct. 684, 5 L.Ed.2d 741 (1961) (per curiam); Brown v. Town of Caliente, 392 F.2d 546 (9th Cir. 1968); Fisher v. City of New York, 312 F.2d 890 (2d Cir.), cert. denied, 374 U.S. 828, 83 S.Ct. 1866, 10 L.Ed.2d 1051 (1963); Spampinato v. City of New York, 311 F.2d 439 (2d Cir......
-
Bennett v. Gravelle
...v. Pitchess, 411 F.2d 565 (9th Cir. 1969). Accord Brown v. Town of Caliente, Nevada, 392 F.2d 546 (9th Cir. 1968); Fisher v. City of New York, 312 F.2d 890 (2d Cir.), cert. denied 374 U.S. 828, 83 S.Ct. 1866, 10 L.Ed. 2d 1051 (1963); Eisen v. Eastman, 421 F.2d 560 (2d Cir. 1969); Westberry ......
-
Turpin v. Mailet
...to several technical points which illustrate that the dissent's historical and legal analysis is somewhat askew. (1) Fisher v. City of New York, 312 F.2d 890 (2d Cir.), Cert. denied, 374 U.S. 828, 83 S.Ct. 1866, 10 L.Ed.2d 1051 (1963), quoted in the lead paragraph of the dissenting opinion,......