Legal Opinion
Birnbaum v. Trussell
Court of Appeals for the Second Circuit
Decided June 17, 1965No. 472, Docket 29228PublishedCited by 69 opinions
1Opinion of the Court
HAYS, Circuit Judge.
This appeal questions the propriety of the district court’s dismissal “for lack of jurisdiction” of a complaint seeking damages for violations of the Civil Rights Act of 1871.1 We reverse and remand with instructions that the complaint be dismissed for failure to state a claim upon which relief can be granted, with leave to amend.
Plaintiff, Dr. Morton Birnbaum, a physician, brought an action pro se under Rev.Stat. § 1979 (1875), 42 U.S.C. § 1983 (1958), “and other sections of the Civil Rights Laws,” 2 against defendants Ray E. Trussell, Commissioner of the New York City…
2Cases cited6 opinions
- Snowden v. HughesSupreme Court of the United States · 1944
- Collins v. HardymanSupreme Court of the United States · 1951
- Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
- Morgan v. SylvesterDistrict Court, S.D. New York · 1954
- Burt v. City of New YorkCourt of Appeals for the Second Circuit · 1946
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3Cited by69 opinions
- Robert J. Fine v. The City of New York, Anthony SaladinoCourt of Appeals for the Second Circuit · 1975
- Albert v. CarovanoCourt of Appeals for the Second Circuit · 1988
- Kauffman v. MossCourt of Appeals for the Third Circuit · 1970
- Dr. Harold D. Kletschka v. William J. Driver, Individually and as Administrator of the Veterans AdministrationCourt of Appeals for the Second Circuit · 1969
- Negrich v. HohnCourt of Appeals for the Third Circuit · 1967
64 more not listed; retrieve them via the Exa API.