Legal Opinion
John Barrett and Lynne Barrett v. Mary Harwood Scott Smith John Durant James Phillips and the Village of Malone
Court of Appeals for the Second Circuit
Decided August 25, 1999No. 19-3607PublishedCited by 52 opinions
1Opinion of the Court
CARDAMONE, Circuit Judge:
This litigation was precipitated by the repossession of plaintiffs’ truck by a tow truck operator who was acting at the behest of the seller of the vehicle. Complicating the issues surrounding this event was the presence of a Village Police officer dispatched to the scene to prevent a breach of the peace; his presence raises a question of state action.
The episode giving rise to this appeal occurred on November 8, 1996, in Malone, New York, a small upstate village. The incident involved John Barrett, an over-the-road trucker, his wife, his ex-wife, a *299tow truck…
2Cases cited18 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Parratt v. TaylorSupreme Court of the United States · 1981
- Lugar v. Edmondson Oil Co.Supreme Court of the United States · 1982
- Fuentes v. ShevinSupreme Court of the United States · 1972
13 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Mark B. Pangburn v. James Culbertson, Court Clerk John M. York, Sheriff, & Sheriff's Property ClerkCourt of Appeals for the Second Circuit · 1999
- Elizabeth Harvey v. Plains Township Police Department Edward J. Walsh Ronald Dombroski Plains Township Board Joan A. ChukinasCourt of Appeals for the Third Circuit · 2005
- Sheila Hensley v. Ronald GassmanCourt of Appeals for the Sixth Circuit · 2012
- Revis v. MeldrumCourt of Appeals for the Sixth Circuit · 2007
- Revis v. MeldrumCourt of Appeals for the Sixth Circuit · 2007
47 more not listed; retrieve them via the Exa API.