Legal Opinion

Russell v. Dunston

Court of Appeals for the Second Circuit

Decided February 12, 1990No. 552, Docket 89-7800PublishedCited by 55 opinions

1Opinion of the Court

WINTER, Circuit Judge:

This action, brought under 42 U.S.C. § 1983, questions the constitutional adequacy of the notice given to an applicant for disability retirement benefits regarding the appropriate time for filing. Appellant Timothy E. Russell contends that the failure to provide notice prior to the termination of his medical leave status deprived him of property rights without due process because that termination also marked the end of his application period for disability retirement.

Judge Griesa, without passing on the merits of the due process claim, granted summary judgment for…

2Cases cited19 opinions

  1. Mathews v. EldridgeSupreme Court of the United States · 1976
  2. Board of Regents of State Colleges v. RothSupreme Court of the United States · 1972
  3. Papasan v. AllainSupreme Court of the United States · 1986
  4. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  5. Hudson v. PalmerSupreme Court of the United States · 1984

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3Cited by55 opinions

  1. Sheldon Portman v. County of Santa Clara Bob DiridonCourt of Appeals for the Ninth Circuit · 1993
  2. Buchwald v. University of New Mexico School of MedicineCourt of Appeals for the Tenth Circuit · 1998
  3. Marino v. City University of New YorkDistrict Court, E.D. New York · 2014
  4. Pugh v. GoordDistrict Court, S.D. New York · 2008
  5. Debra IERARDI, Plaintiff-Appellee, v. Frank SISCO, Defendant-AppellantCourt of Appeals for the Second Circuit · 1997

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