Legal Opinion

DeMaria v. Jones

District Court, S.D. New York

Decided May 3, 1976No. 76 Civ. 1297 (CHT)PublishedCited by 3 opinions

1Opinion of the Court

MEMORANDUM

TENNEY, District Judge.

Petitioners moved before this Court, by order to show cause, for injunctive relief pursuant to Fed.R.Civ.P. 65(a) and for money damages. Jurisdiction was predicated upon 28 U.S.C. §§ 1331, 1343 and 2201, invoking the Court’s authority to hear issues raised under 42 U.S.C. §§ 1981, 1983, and the Fifth and Fourteenth Amendments to the United States Constitution. Respondents have moved to dismiss the complaint according to Rule 12(b)(6). For the reasons set forth below, plaintiffs’ motion is denied, and defendants’ motion is granted in all respects.

Petitioners…

2Cases cited50 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  3. Younger v. HarrisSupreme Court of the United States · 1971
  4. Scheuer v. RhodesSupreme Court of the United States · 1974
  5. Mapp v. OhioSupreme Court of the United States · 1961

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3Cited by3 opinions

  1. United States v. GervasiDistrict Court, N.D. Illinois · 1983
  2. Miller v. Superintendent, Otisville Correctional FacilityDistrict Court, S.D. New York · 1979
  3. United States v. AnalytisDistrict Court, S.D. New York · 1988

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