Legal Opinion

Perez v. Ortiz

Court of Appeals for the Second Circuit

Decided June 27, 1988No. Nos. 977-979 and 1000, Dockets 88-7002, 88-7012, 88-7004 and 88-7052PublishedCited by 138 opinions

1Opinion of the Court

GEORGE C. PRATT, Circuit Judge:

On September 3, 1987, Chief Judge Daly of the District Court for the District of Connecticut entered sua sponte identical orders in five civil rights cases that were brought under 42 U.S.C. § 1983, dismissing all pendent state law claims and all claims brought against police officer defendants in their official capacities. These sua sponte orders were filed without notice or an opportunity to be heard. After noting that official capacity suits “ ‘generally represent only another way of pleading an action against an entity of which an officer *795is an agent’ ”…

2Cases cited29 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
  3. Kentucky v. GrahamSupreme Court of the United States · 1985
  4. Hagans v. LavineSupreme Court of the United States · 1974
  5. Brandon v. HoltSupreme Court of the United States · 1985

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3Cited by138 opinions

  1. Keitt v. New York CityDistrict Court, S.D. New York · 2011
  2. Jeffrey Hecht v. Commerce Clearing House, Inc., William Miller, Louis Ceccoli, and Stanley StephensCourt of Appeals for the Second Circuit · 1990
  3. United States v. Gonzalez GonzalezCourt of Appeals for the First Circuit · 2001
  4. Dewey Baker v. Director, United States Parole CommissionCourt of Appeals for the D.C. Circuit · 1990
  5. Clorox Co. Puerto Rico v. Proctor & Gamble Commercial Co.Court of Appeals for the First Circuit · 2000

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