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eBook details

• Title: Dwares v. City of New York
• Author : United States Court of Appeals for the Second Circuit
• Release Date : January 05, 1993
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

KEARSE, Circuit Judge: Plaintiff Steven Bruce Dwares appeals from a final judgment of the United States District Court for the Southern District of New York, John F. Keenan, Judge, dismissing his complaint, brought principally under 42 U.S.C. §§ 1983, 1985(3), and 1986 (1988), alleging that defendants City of New York (""City"") and individual police officers (""officers"") (collectively the ""City defendants"") conspired with defendant Bruce Kreitman and others associated with him to permit Kreitman and his associates, without threat of intervention by defendant police officers, to assault Dwares and to prevent Dwares's exercise of his First Amendment rights. The district court dismissed the asserted federal claims pursuant to Fed. R. Civ. P. 12(b)(6), ruling that the complaint did not adequately allege a conspiracy, or the deprivation of a constitutionally protected right, or a City custom or practice contributing to Dwares's injuries. The court declined to exercise pendent jurisdiction over the asserted state claims. On appeal, Dwares contends that the district court erred in ruling that the complaint failed to state a claim on which relief can be granted. For the reasons below, we conclude that the complaint stated claims on which relief can be granted under § 1983 against the individual defendants in their individual capacities, and we vacate the judgment and remand (a) for adjudication of those claims and the state-law claims against those defendants, and (b) for such further proceedings as may be appropriate with respect to the other claims.

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