Legal Opinion
Gallagher v. Codd
District Court, S.D. New York
Decided February 17, 1976No. 75 Civ. 5164 (MP)PublishedCited by 2 opinions
1Opinion of the Court
POLLACK, District Judge.
Defendants move to dismiss the complaint pursuant to Rule 12(b)(6) Fed.R. Civ.P. for failure to state a claim upon which relief may be granted. Inasmuch as the defendants have submitted “matters outside the pleadings” along with their motion papers, their motion may be treated as one for summary judgment pursuant to Rule 12(b). Plaintiff, in turn, has filed a motion for summary judgment in his favor.
A Vietnam veteran and a former transit policeman for the City of New York, plaintiff claims that his due process and equal protection rights have been violated by the New…
2Cases cited14 opinions
- Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
- Perry v. SindermannSupreme Court of the United States · 1972
- Shapiro v. ThompsonSupreme Court of the United States · 1969
- Steffel v. ThompsonSupreme Court of the United States · 1974
- Frontiero v. RichardsonSupreme Court of the United States · 1973
9 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Woods v. New YorkDistrict Court, S.D. New York · 1979
- Woods v. StateDistrict Court, S.D. New York · 1979