Legal Opinion
Mackey v. Property Clerk
District Court, S.D. New York
Decided May 27, 1998No. 97 Civ. 5336(HB)PublishedCited by 1 opinion
1Opinion of the Court
OPINION AND ORDER
BAER, District Judge.
Defendants move pursuant to Fed.R.Civ.P. 12(c) (“Rule 12(c)”) for judgment on the pleadings. For the foregoing reasons, the motion is GRANTED in part and DENIED in part.
A. Background
In the early morning hours of July 22, 1994 Andrew Mackey, driving a 1990 Lexus, parked at 31st Street and Lexington Avenue to use a pay phone. Compl. ¶¶ 11-12. While the plaintiff used the phone, two female friends sat in the vehicle, with the engine running. Compl. ¶ 12. Approximately four or five cars pulled along side the Lexus and several police officers in civilian…
2Cases cited17 opinions
- Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
- Younger v. HarrisSupreme Court of the United States · 1971
- James Walker v. The City of New YorkCourt of Appeals for the Second Circuit · 1992
- Brian Sheppard v. Leon Beerman, as an Individual and in His Official Capacity as Justice of the Supreme Court of the State of New YorkCourt of Appeals for the Second Circuit · 1994
- United States v. Certain Real Property and Premises Known as 38 Whalers Cove Drive, Babylon, New York, Edward J. Levin, Claimant-AppellantCourt of Appeals for the Second Circuit · 1992
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3Cited by1 opinion
- MacKey v. PROPERTY CLERK OF NY CITY POLICE DEPT.District Court, S.D. New York · 1998