Legal Opinion

DeVito v. Incorporated Village of Valley Stream

District Court, E.D. New York

Decided January 21, 1998No. CV 94-5448 (DRH)PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

HURLEY, District Judge.

This matter comes before the Court on Defendants’ Rule 56 motion for summary judgment on Plaintiff’s cause of action for violation of his civil rights, pursuant to 42 U.S.C. § 1983. Defendants (sometimes hereinafter the ‘Village”) maintain that this cause of action is time-barred; alternatively, they attack Plaintiff’s civil rights claim on its substantive merits.

For the reasons discussed below, Plaintiff’s Section 1983 cause of action against the Village is dismissed on timeliness grounds. Plaintiffs pendant state law claims are also dismissed.

BACKGR…

2Cases cited37 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
  4. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  5. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970

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3Cited by8 opinions

  1. Krause v. Buffalo & Erie County Workforce Development Consortium, Inc.District Court, W.D. New York · 2006
  2. Cooney v. Consolidated EdisonDistrict Court, S.D. New York · 2002
  3. Krause v. Buffalo & Erie County Workforce Development Consortium, Inc.District Court, W.D. New York · 2005
  4. Branch v. Guilderland Central School DistrictDistrict Court, N.D. New York · 2003
  5. Association of Community Organizations for Reform Now v. New York City Department of EducationDistrict Court, S.D. New York · 2003

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