Legal Opinion
Lowcher v. Beame
District Court, S.D. New York
Decided December 29, 1975No. 75 Civ. 2895 (CMM)PublishedCited by 2 opinions
1Opinion of the Court
METZNER, District Judge:
Defendants move, pursuant to Rule 12(b)(6), Fed.R.Civ.P., to dismiss this *1248complaint for failure to state a claim upon which relief may be granted.
Plaintiff, a former school secretary, seeks declaratory and injunctive relief on her claim that she was deprived of her constitutional right to due process and equal protection in the proceeding which resulted in defendants’ refusal to grant her accident disability benefits upon her retirement. This is a civil rights action brought pursuant to 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201 and 2202. Jurisdiction is predicated on 28…
2Cases cited7 opinions
- Goss v. LopezSupreme Court of the United States · 1975
- Cafeteria & Restaurant Workers Union, Local 473 v. McElroySupreme Court of the United States · 1961
- Greene v. McElroySupreme Court of the United States · 1959
- Balash v. New York City Employees' Retirement SystemNew York Court of Appeals · 1974
- Meschino v. LoweryNew York Court of Appeals · 1972
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Lowcher v. New York City Teachers' Retirement SystemNew York Court of Appeals · 1981
- Perkins v. McGuireDistrict Court, S.D. New York · 1979