Legal Opinion
Brockway v. Tofany
District Court, S.D. New York
Decided March 19, 1970No. 70 Civ. 277PublishedCited by 4 opinions
1Opinion of the Court
OPINION
POLLACK, District Judge.
The complaint in this action and the plaintiff’s motion before the Court seek the convening of a three judge court and declaratory and injunctive relief under the Civil Rights Act, 42 U.S.C. § 1983, and damages under the same Act. The complaint and the motion also seek a determination that this action is maintainable as a class action.
Defendant has cross moved to dismiss the complaint for lack of jurisdiction in failing to present a substantial federal question and also on the merits for failing to state a claim upon which relief can be granted.
In this case…
2Cases cited4 opinions
- Clarence Eisen v. Oliver C. EastmanCourt of Appeals for the Second Circuit · 1969
- Barton v. HultsNew York Supreme Court · 1960
- Grosso v. HultsAppellate Division of the Supreme Court of the State of New York · 1960
- Waters v. HultsNew York Supreme Court · 1960
3Cited by4 opinions
- Brockway v. TofanyDistrict Court, S.D. New York · 1970
- Horodner v. CahnDistrict Court, E.D. New York · 1973
- Bessette v. MalloyDistrict Court, D. Vermont · 1971
- Commonwealth v. Gonzalez, Pennsylvania Court of Common Pleas, Lebanon County1981