Rhoads v. McFerran, Nos. 801

CourtUnited States Courts of Appeals. United States Court of Appeals (2nd Circuit)
Writing for the CourtBefore ANDERSON, MANSFIELD and OAKES; PER CURIAM
Citation517 F.2d 66
PartiesRichard RHOADS et al., Plaintiffs-Appellees, v. J. Benjamin McFERRAN, Individually and as Director of Personnel for the New York State Department of Social Services, and Sidney Houben, Individually and as head of the Bureau of Disability Determinations, New York State Department of Social Services, Defendants-Appellants. ockets 74-2605, 75-7088.
Decision Date30 May 1975
Docket NumberD,802,Nos. 801

Page 66

517 F.2d 66
Richard RHOADS et al., Plaintiffs-Appellees,
v.
J. Benjamin McFERRAN, Individually and as Director of
Personnel for the New York State Department of Social
Services, and Sidney Houben, Individually and as head of the
Bureau of Disability Determinations, New York State
Department of Social Services, Defendants-Appellants.
Nos. 801, 802, Dockets 74-2605, 75-7088.
United States Court of Appeals,
Second Circuit.
Argued April 2, 1975.
Decided May 30, 1975.

Page 67

A. Seth Greenwald, Asst. Atty. Gen., New York City (Louis J. Lefkowitz, Atty. Gen., Samuel A. Hirshowitz, First Asst. Atty. Gen., New York City, of counsel), for defendants-appellants.

Eve Cary, New York City (New York Civil Liberties Union, New York City, of counsel), for plaintiffs-appellees.

Before ANDERSON, MANSFIELD and OAKES, Circuit Judges.

PER CURIAM:

J. Benjamin McFerran, Director of Personnel for the New York State Department of Social Services, and Sidney Houben, Director of the Bureau of Disability Determinations of the New York State Department of Social Services, appeal from an order granting summary judgment and a permanent injunction restraining them, both individually and in their official capacities, from interfering with the distribution by Bureau of Disability Determinations ("Bureau") employees of job-related literature inside their state offices at Two World Trade Center before and after working hours. The order was entered by Constance B. Motley, Judge, Southern District of New York, on the ground that the plaintiffs, three Bureau employees, have a First Amendment right to make such distributions in a non-disruptive manner, which cannot be circumscribed by defendants. Prior to this lawsuit Bureau regulations had, in effect, prohibited such "inside-the-office" leafletting. Employees had been subjected to disciplinary action when they placed their literature on the desks of their co-workers before or after working hours.

Both parties moved for summary judgment below under Rule 56, F.R.Civ.P., at approximately the same time and filed statements of alleged undisputed material facts pursuant to Rule 9(g) of the Local Rules of the Southern District of New York. Defendants did not challenge plaintiffs' 9(g) statement, although plaintiffs challenged two paragraphs of that filed by defendants. Summary judgment was granted solely on the basis of these statements and the pleadings.

It is well settled in this Circuit that, even though both sides...

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144 practice notes
  • Natural Resources Defense Council v. Abraham, No. CIV.A.00-2431 EGS.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 30, 2002
    ...one of the moving parties is entitled to judgment as a matter of law upon material facts that are not in dispute. See Rhoads v. McFerran, 517 F.2d 66, 67 (2d There are no genuinely disputed material facts that preclude summary judgment in this matter. The parties do not disagree about the c......
  • United States Brewers Ass'n, Inc. v. Healy, Civ. No. H-81-836.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • February 16, 1982
    ...1390 (2d Cir. 1976) ("The fact that both sides ... sought summary judgment does not make it more readily available."); Rhoads v. McFerran, 517 F.2d 66, 67 (2d Cir. Schwabenbauer, at 313-314. "The Court does not assume that no material facts remain in dispute simply because both parties move......
  • Connecticut State Federation of Teachers v. Board of Educ. Members, No. 720
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • May 21, 1976
    ...v. Board of Education, supra, 391 U.S. at 568, 88 S.Ct. 1731; James v. Board of Education, supra, 461 F.2d at 572; cf. Rhoads v. McFerran, 517 F.2d 66, 68 (2 Cir. 1975). It must be remembered that the primary function of the schools is the education of the community's While the preceding pa......
  • Diaz v. Paragon Motors of Woodside, Inc., No. CV-03-6466(CPS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • March 29, 2006
    ...1390 (2d Cir.1976) ("The fact that both sides ... sought summary judgment does not make it more readily available."); Rhoads v. McFerran, 517 F.2d 66, 67 (2d Cir.1975). "[T]he mere fact that plaintiff has failed to meet his burden of proof on his motion for summary judgment does not entitle......
  • Request a trial to view additional results
144 cases
  • Natural Resources Defense Council v. Abraham, No. CIV.A.00-2431 EGS.
    • United States
    • United States District Courts. United States District Court (Columbia)
    • September 30, 2002
    ...one of the moving parties is entitled to judgment as a matter of law upon material facts that are not in dispute. See Rhoads v. McFerran, 517 F.2d 66, 67 (2d There are no genuinely disputed material facts that preclude summary judgment in this matter. The parties do not disagree about the c......
  • United States Brewers Ass'n, Inc. v. Healy, Civ. No. H-81-836.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Connecticut)
    • February 16, 1982
    ...1390 (2d Cir. 1976) ("The fact that both sides ... sought summary judgment does not make it more readily available."); Rhoads v. McFerran, 517 F.2d 66, 67 (2d Cir. Schwabenbauer, at 313-314. "The Court does not assume that no material facts remain in dispute simply because both parties move......
  • Connecticut State Federation of Teachers v. Board of Educ. Members, No. 720
    • United States
    • United States Courts of Appeals. United States Court of Appeals (2nd Circuit)
    • May 21, 1976
    ...v. Board of Education, supra, 391 U.S. at 568, 88 S.Ct. 1731; James v. Board of Education, supra, 461 F.2d at 572; cf. Rhoads v. McFerran, 517 F.2d 66, 68 (2 Cir. 1975). It must be remembered that the primary function of the schools is the education of the community's While the preceding pa......
  • Diaz v. Paragon Motors of Woodside, Inc., No. CV-03-6466(CPS).
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • March 29, 2006
    ...1390 (2d Cir.1976) ("The fact that both sides ... sought summary judgment does not make it more readily available."); Rhoads v. McFerran, 517 F.2d 66, 67 (2d Cir.1975). "[T]he mere fact that plaintiff has failed to meet his burden of proof on his motion for summary judgment does not entitle......
  • Request a trial to view additional results

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