Legal Opinion
Romer v. Leary
District Court, S.D. New York
Decided October 16, 1969No. 68 Civ. 4265PublishedCited by 2 opinions
1Opinion of the Court
CANNELLA, District Judge.
Defendants’ motion to dismiss this action pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure is granted. Plaintiff’s cross-motion for summary judgment pursuant to Rules 12(b) and 56 is denied.
The plaintiff, a former New York City police officer, brought this action on October 29, 1968 against the present Police Commissioner of the City of New York, Howard R. Leary, and the City of New York under the Civil Rights Act, 42 U.S.C. § 1983, praying for an order directing the defendants to restore the plaintiff to his former employment with full back pay to…
2Cases cited16 opinions
- Monroe v. PapeSupreme Court of the United States · 1961
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Public Serv. Comm'n of Utah v. Wycoff Co.Supreme Court of the United States · 1952
- Zemel v. RuskSupreme Court of the United States · 1965
- Gardner v. BroderickSupreme Court of the United States · 1968
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3Cited by2 opinions
- Laverne v. CorningDistrict Court, S.D. New York · 1970
- Goodrich v. GonzalezDistrict Court, E.D. New York · 1978