green
Positive treatment
Quoted verbatim 1×
7.8 score
“a plaintiff bringing a section 1983 conspiracy claim must prove a violation of the underlying constitutional right.”
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996
2011
2026
Top citers, strongest first. 39 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Cipolla v. County of Rensselaer
a plaintiff bringing a section 1983 conspiracy claim must prove a violation of the underlying constitutional right.
discussed
Cited "see"
Dan v. State of New York
See Oakes v. Cooke, 858 F. Supp. 330, 335 (N.D.N.Y. 1994)(“ In Albright v. Oliver, 510 U.S. 266 , 114 S.Ct. 807 , 127 L.Ed.2d 114 (1994), the Supreme Court acknowledged the validity of section 1983 malicious prosecution claims and held that the right to be free from prosecution without probable cause, which forms the very essence of a malicious prosecution claim, arises under the Fourth Amendment.”). 22 110, 118-19 (2d Cir.1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); Bernard v. United States, 25 F.3d 98, 102 (2d Cir. 1994).
cited
Cited "see"
Murray v. United Parcel Service, Inc.
See Singer v. Fulton County Sheriff, 63 F.3d 110, 118 (2d Cir.1995), cert denied, Singer v. Sheriff, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see"
Krug v. County of Rennselaer
Weyant v. Okst, 101 F.3d 845, 853 (2d Cir.1996); Broughton v. State, 37 N.Y.2d 451, 456 , 373 N.Y.S.2d 87 , 335 N.E.2d 310 (1975); see Singer v. Fulton County Sheriff, 63 F.3d 110, 118 (2d Cir.1995) (Because false arrest is a type of false imprisonment, the two claims have identical elements.), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see"
Rodriguez v. City of New York
See Singer v. Fulton County Sheriff, 63 F.3d 110, 118 (2d Cir.1995), cert. denied 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); Broughton v. State of New York, 37 N.Y.2d 451, 456 , 373 N.Y.S.2d 87 , 335 N.E.2d 310 , cert. denied sub nom.
cited
Cited "see"
Ostroski v. Town of Southold
See Singer v. Fulton County Sheriff, 63 F.3d 110, 118 (2d Cir.1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see"
Bourguignon v. Guinta
See Singer v. Fulton County Sheriff, 63 F.3d 110, 118 (2d Cir.1995) (holding that no federal civil rights claim for false arrest can exist where there was probable cause for the arrest), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see"
Castellano v. Fragozo
(2×)
See generally Singer v. Fulton County Sheriff, 63 F.3d 110, 116-17 (2d Cir.1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
cited
Cited "see"
Martinetti v. Town of New Hartford Police Department
See Singer v. Fulton County Sheriff, 63 F.3d 110, 118-19 (2d Cir.1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see"
Harford v. County of Broome
See Singer v. Fulton County Sheriff, 63 F.3d 110, 118 (2d Cir.1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); Barr v. Abrams, 810 F.2d 358, 362 (2d Cir.1987); Gisondi v. Town of Harrison, 72 N.Y.2d 280, 283 , 532 N.Y.S.2d 234 , 528 N.E.2d 157 (1988); Martinez v. Wegmans Food Markets, Inc., 705 N.Y.S.2d 545 (4th Dep’t 2000).
discussed
Cited "see"
Bobby Noah Graven v. Richard v. Fink
See Fink v. Graven Auction Co. (In re Graven), 64 F.3d 453 (8th Cir. 1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); Graven v. Fink (In re Graven), 936 F.2d 378 (8th Cir.1991).
cited
Cited "see"
Lederman v. Adams
See Singer v. Fulton County Sheriff, 63 F.3d 110 (2d Cir.1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); Magnotti v. Kuntz, 918 F.2d 364 (2d Cir.1990).
discussed
Cited "see"
Gerald M. Breen v. Shawn L. Garrison, Individually and as a New York State Trooper
See Singer v. Fulton County Sheriff, 63 F.3d 110, 117-18 (2d Cir.1995), ce rt. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); MacFawn v. Kresler, 88 N.Y.2d 859 -60, 644 N.Y.S.2d 486 , 666 N.E.2d 1359 (1996).
discussed
Cited "see"
Brown v. American Life Holdings, Inc.
See Hughes Salaried Retirees Action Comm. v. Administrator of the Hughes Non-Bargaining Retirement Plan, 72 F.3d 686 (9th Cir.1995) (en banc), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); Faircloth v. Lundy Packing Co., 91 F.3d 648 (4th Cir.1996), cert. denied, 519 U.S. 1077 , 117 S.Ct. 738 , 136 L.Ed.2d 677 (1997); Board of Trustees of the CWA/ITU Negotiated Pension Plan v. Weinstein, 107 F.3d 139 (2d Cir.1997); Bartling v. Fruehauf Corp., 29 F.3d 1062 (6th Cir.1994). 9 .
cited
Cited "see"
Labensky v. County of Nassau
See Singer v. Fulton County Sheriff, 63 F.3d 110, 119 (2d Cir.1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676, 134 L.Ed.2d 779 (1996).
cited
Cited "see"
Rankin v. Evans
See Singer v. Fulton County Sheriff, 63 F.3d 110, 119 (2d Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see"
Green v. City of Paterson
See Singer v., Fulton County Sheriff, 63 F.3d 110, 119 (2d Cir.1995), ce rt. denied, — U.S. -, 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); Brennan v. Hendrigan, 888 F.2d 189, 195 (1st Cir.1989) (for a conspiracy to be actionable under Section 1983, plaintiff must show both agreement and actual deprivation of constitutional right); Rubin v. Smith, 919 F.Supp. 534, 538-39 (D.N.H.1996) (same).
cited
Cited "see"
Morales v. Busbee
See Singer v. Fulton County Sheriff, 63 F.3d 110, 117 (2d Cir.1995), cert. denied, — U.S. -, 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
cited
Cited "see"
Velasquez v. City of New York
Id. at 269-71, 114 S.Ct. at 811; see Singer v. Fulton County Sheriff, 63 F.3d 110, 115 (2d Cir.1995), cert. denied, - U.S. -, 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see"
The Board Of Trustees Of The Cwa/Itu Negotiated Pension Plan v. Melvin Weinstein
Therefore, the language "other instruments under which the plan is established or operated" encompasses formal or legal documents under which a plan is set up or managed. 19 91 F.3d at 653 . 20 Additional support for this interpretation is found in the context in which the "other instruments" clause is used in § 104(b)(4), for it is "a familiar principle of statutory construction that words grouped in a list should be given related meaning," Schreiber v. Burlington Northern, Inc., 472 U.S. 1, 8 , 105 S.Ct. 2458, 2462 , 86 L.Ed.2d 1 (1985) (internal quotation marks omitted); see Hughes Salarie…
discussed
Cited "see"
Board of Trustees of the CWA/ITU Negotiated Pension Plan v. Weinstein
Additional support for this interpretation is found in the context in which the “other instruments” clause is used in § 104(b)(4), for it is “a familiar principle of statutory construction that words grouped in a list should be given related meaning,” Schreiber v. Burlington Northern, Inc., 472 U.S. 1, 8 , 105 S.Ct. 2458, 2462 , 86 L.Ed.2d 1 (1985) (internal quotation marks omitted); see Hughes Salaried Retirees Action Committee v. Administrator of the Hughes Non-Bargaining Retirement Plan, 72 F.Bd 686, 689 (9th Cir.1995) (en banc) (“Hughes”), cert. denied, — U.S.—, 116 S.Ct. …
discussed
Cited "see"
Terry Donovan v. Timothy Thames and Patrick Collura
See Singer v. Fulton County Sheriff, 63 F.3d 110, 116-17 (2d Cir.1995) (distinguishing between malicious prosecution and false arrest because malicious prosecution requires a deprivation of liberty pursuant to the legal process), cert. denied, - U.S. -, 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see"
Dietz v. Damas
See Singer v. Fulton County Sheriff, 63 F.3d 110, 120 (2d Cir.1995) (holding that conclusory allegations of retaliatory prosecution are insufficient to support a First Amendment claim), cert. denied, —U.S.-, 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see"
Brawer v. Carter
See Singer v. Fulton County Sheriff, 63 F.3d 110, 114-16 (2d Cir.1995), cert. denied, - U.S. -, 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); cf. *1081 Albright, 510 U.S. at 271-75 , 114 S.Ct. at 812-14. 10 .
discussed
Cited "see, e.g."
Kaplan v. The County of Warren
June 30, 2009)("Federal claims for false arrest and imprisonment brought via § 1983 rest on an individual's Fourth Amendment right to be ‘free from unreasonable seizures, including arrest without probable cause,' and are ‘substantially the same as a claim for false arrest under New York law.'" )(quoting Weyant, 101 F.3d at 852 ); see also Ostroski v. Town of Southold, 443 F. Supp.2d 325, 334 (E.D.N.Y. 2006)("In New York, the claim colloquially known as ‘false arrest' is a variant of the tort of false imprisonment, and that tort is used to analyze an alleged Fourth Amendment violation in…
discussed
Cited "see, e.g."
Daly v. The Town of Dewitt
“A § 1983 claim for false arrest, resting on the Fourth Amendment right of an individual to be free from unreasonable seizures . . . is substantially the same as a claim for false arrest under New York law.” Weyant v. Okst, 101 F.3d 845, 852 (2d Cir. 1996))(citations omitted)); see Guadagni, 2009 WL 1910953 , at * 4 ("Federal claims for false arrest and imprisonment brought via § 1983 rest on an individual's Fourth Amendment right to be ‘free from unreasonable seizures, including arrest without probable cause,' and are ‘substantially the same as a claim for false arrest under New Yor…
discussed
Cited "see, e.g."
Tarantino v. City of Hornell
See also Singer v. Fulton County Sheriff, 63 F.3d 110, 120 (1995) (finding no chilling effect where, after an arrest, the plaintiff continued to publish his newspaper through which he criticized the village government), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see, e.g."
Los Angeles Times Communications LLC v. United States Department of Labor
The Supreme Court has repeatedly stated that “the only relevant public interest in the FOIA balancing analysis is the extent to which disclosure of the information sought would shed light on an agency’s performance of its statutory duties or otherwise let citizens know what their government is up to.” Bibles v. Oregon Natural Desert Ass’n, 519 U.S. 355, 355-56 , 117 S.Ct. 795 , 136 L.Ed.2d 825 (1997) (citations omitted); see also Hughes Salaried Retirees Action Comm. v. Adm’r of Hughes Non-Bargaining Retirement Plan, 72 F.3d 686, 693 (9th Cir.1995), cert. denied, 517 U.S. 1189 , 116 …
discussed
Cited "see, e.g."
Zieper v. Metzinger
In Curley , the Second Circuit stated that “[w]here a party can show no change in his behavior, he has quite plainly shown no chilling of his First Amendment right to free speech.” 268 F.3d at 73 ; see also Singer v. Fulton County Sheriff, 63 F.3d 110, 120 (2d Cir.1995) (plaintiff could not prove that his First Amendment rights had been chilled by government criticism when he continued to publish his newspaper after the criticism), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see, e.g."
Mitchell v. Home
See, e.g., Singer v. Fulton County Sheriff, 63 F.3d 110, 118 (2d Cir.1995)(describing false arrest claim as type of false imprisonment claim and stating that claims are analyzed identically), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); Weyant v. Okst, 101 F.3d 845, 853 (2d Cir.1996)(quoting Singer).
cited
Cited "see, e.g."
Rivers v. O'BRIEN
See, e.g., Singer v. Fulton County Sheriff, 63 F.3d 110, 118 (2d Cir.1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see, e.g."
Medoy v. Warnaco Employees' Long Term Disability Insurance Plan
Mar.2, 1998) (request for copy of plan creates disclosure duty under § 1024(b)(4)); see also Hughes Salaried Retirees Action Committee v. Administrator of Hughes Non-Bargaining Retirement Plan, 72 F.3d 686, 690 (9th Cir.) (holding that required disclosures under § 1024(b)(4) include documents that “allow the participant to know ... what procedures he must follow to obtain benefits”) (internal quotation marks and citation omitted), cert. denied 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); accord Weinstein, 107 F.3d at 144 (recognizing that primary goals of ERISA’s disclosure…
discussed
Cited "see, e.g."
Warren v. Fischl
Tower v. Glover, 467 U.S. 914, 923 , 104 S.Ct. 2820 , 81 L.Ed.2d 758 (1984); see also Singer v. Fulton County Sheriff, 63 F.3d 110, 119 (2d Cir.1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see, e.g."
Rivera v. City of Rochester
See, Colon v. City of New York, 60 N.Y.2d 78, 82 , 468 N.Y.S.2d 453 , 455 N.E.2d 1248 (1983); see also, Singer v. Fulton County Sheriff, 63 F.3d 110, 118 (2d Cir.1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 .
cited
Cited "see, e.g."
Mistretta v. Prokesch
Weyant, 101 F.3d at 852 ; see also Singer v. Fulton County Sheriff, 63 F.3d 110, 118-19 (2d Cir.1995), cert, denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see, e.g."
Campanaro v. City of Rome
See, e.g., Singer v. Fulton County Sheriff, 63 F.3d 110, 114, 118 (2d Cir.1995), cert. denied, 517 U.S. 1189 , 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996); Weyant v. Okst, 101 F.3d 845, 852 (2d Cir.1996).
discussed
Cited "see, e.g."
Decker v. Campus
See also Singer v. Fulton County Sheriff, 63 F.3d 110, 118-19 (2d Cir. 1995), cert. denied, — U.S. -, 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996) (affirming summary dismissal where complaint revealed probable cause).
discussed
Cited "see, e.g."
Murphy v. Lynn
See also Singer v. Fulton County Sheriff, 63 F.3d 110, 116 (2d Cir.1995) (in order to succeed on a § 1983 claim for malicious prosecution, plaintiff must show conduct that was tortious under state law and that injury was “caused by the deprivation of liberty guaranteed by the Fourth Amendment”), cert. denied, — U.S.-, 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996).
discussed
Cited "see, e.g."
Murphy v. Lynn
See also Singer v. Fulton County Sheriff, 63 F.3d 110, 116 (2d Cir.1995) (in order to succeed on a § 1983 claim for malicious prosecution, plaintiff must show conduct that was tortious under state law and that injury was "caused by the deprivation of liberty guaranteed by the Fourth Amendment"), cert. denied, --- U.S. ----, 116 S.Ct. 1676 , 134 L.Ed.2d 779 (1996). 24 To the extent pertinent to this case, the Fourth Amendment protects against unreasonable "seizures." It is established that an unreasonable seizure by a state actor in violation of the Fourth Amendment may be pursued in a suit br…
Retrieving the full opinion text from the archive…
Hughes Salaried Retirees Action Committee
v.
Administrator, Hughes Non-Bargaining Retirement Plan
v.
Administrator, Hughes Non-Bargaining Retirement Plan
No. 95-1434.
Supreme Court of the United States.
May 13, 1996.
Published
Citer courts: N.D. New York (1)
C. A. 9th Cir. Certiorari denied.