Legal Opinion

Zapata v. City of New York

Court of Appeals for the Second Circuit

Decided September 20, 2007No. Docket 06-1059-cvPublishedCited by 289 opinions

1Opinion of the Court

DENNIS JACOBS, Chief Judge:

Andie Zapata sues the City of New York and a corrections officer under 42 U.S.C. § 1983, alleging that he was assaulted at the Rikers Island correctional facility by one Officer Moran. He appeals from a judgment of the United States District Court for the Southern District of New York (Brieant, J.) insofar as it dismissed Zapata’s claim against Officer Moran for failure to effect timely service under Federal Rule of Civil Procedure 4(m) without granting a discretionary extension. Zapata argues that this was an abuse of discretion (notwithstanding his failure to show…

2Cases cited14 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. David Petrucelli Tracy A. Petrucelli, Husband and Wife v. Bohringer and Ratzinger, Gmbh Ausdereitungsanlagen Jake Diel Construction MacHine Inc. Teco Electric and MacHine Company, Ltd. v. Excel Recycling & Manufacturing, Inc., Third-Party David Petrucelli and Tracy A. PetrucelliCourt of Appeals for the Third Circuit · 1995
  3. Henderson v. United StatesSupreme Court of the United States · 1996
  4. Pearl v. City of Long BeachCourt of Appeals for the Second Circuit · 2002
  5. Toby J. Espinoza v. United StatesCourt of Appeals for the Tenth Circuit · 1995

9 more not listed; retrieve them via the Exa API.

3Cited by289 opinions

  1. Meilleur v. StrongCourt of Appeals for the Second Circuit · 2012
  2. In re Methyl Tertiary Butyl Ether ("MTBE") Products Liability LitigationDistrict Court, S.D. New York · 2016
  3. Brandon Thrasher v. Amarillo Police DeptCourt of Appeals for the Fifth Circuit · 2013
  4. Buon v. SpindlerCourt of Appeals for the Second Circuit · 2023
  5. Cardenas v. City of ChicagoCourt of Appeals for the Seventh Circuit · 2011

284 more not listed; retrieve them via the Exa API.

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