Edward M. Alexanian v. New York State Urban Dev. Corp., 554 F.2d 15 (2d Cir. 1977). · Go Syfert
Edward M. Alexanian v. New York State Urban Dev. Corp., 554 F.2d 15 (2d Cir. 1977). Cases Citing This Book View Copy Cite
16 citation events (7 in the last 25 years) across 7 distinct courts.
Cited for
At page 17 Identifying cognizable claims under federal civil rights statutes5 citing casescivil rights claim stated against individual where it was alleged that individual and police officer threatened plaintiff that charges would be pursued if he did not withdraw charges against conspiring individual1 citing court put it this way
  • Puglisi v. Underhill Park Taxpayer Assoc., 947 F. Supp. 673 (S.D.N.Y. 1996).published
    Scott v. Greenville County, 716 F.2d 1409, 1424 (4th Cir.1983) (conspiracy claim under s 1983 between private defendants and public officials was not shown either by private defendants’ attempts to influence action of County Council or by…
  • Frank R. Annunziato v. The Gan, Inc., 744 F.2d 244 (2d Cir. 1984).published 2 cites
    Kress & Co., supra, 398 U.S. at 158 , 90 S.Ct. at 1609 ; Scott v. Greenville County, 716 F.2d 1409, 1424 (4th Cir.1983) (conspiracy claim under § 1983 between private defendants and public officials was not shown either by private defendan…
  • Victor Bayron v. Corr. Officer Trudeau & Corr. Couns. G. Petrushun, Individually & in Their Off. Capacities, 702 F.2d 43 (2d Cir. 1983).published
    E.g., Ferranti v. Moran, 618 F.2d 888, 891 (1st Cir.1980) (radio); Jensen v. Klecker, 599 F.2d 243, 245 (8th Cir.1979) (per curiam) (prison scrip); Alexanian v. New York State Urban Development Corp., 554 F.2d 15, 17 (2d Cir.1977) (per cur…
  • David R. Ferranti v. John J. Moran, 618 F.2d 888 (1st Cir. 1980).published
    Corp., 554 F.2d 15, 17 (2d Cir. 1977); Carter v. Estelle, 519 F.2d 1136, 1136-37 (5th Cir. 1975), irrespective of the value of such property.
  • Stewart v. Victoria's Secret Stores, LLC, 851 F. Supp. 2d 442 (E.D.N.Y. 2012).published
    (civil rights claim stated against individual where it was alleged that individual and police officer threatened plaintiff that charges would be pursued if he did not withdraw charges against conspiring individual)
At page 16 cited at this page1 citing case
Other citing cases3 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Edward M. ALEXANIAN, Plaintiff-Appellant,
v.
NEW YORK STATE URBAN DEVELOPMENT CORPORATION Et Al., Defendants-Appellees
490, Docket 76-7338.
Court of Appeals for the Second Circuit.
Mar 30, 1977.
Published opinion
554 F.2d 15
Edward M. Alexanian, appellant pro se., John Endicott, New York City (Barrett, Smith, Schapiro & Simon, New York City, of counsel), for appellees New York State Urban Development Corporation, Edward Logue, Robert McCabe, John Burnett, David Ozerkis, Joseph Fiocca, William Hayden, Robert Hazen, Robert Germano and Philip Salomine., Paul E. Konney, New York City (Debevoise, Plimpton, Lyons & Gates, New York City, of counsel), for itself and for appellees Standish F. Medina, Jr. and Joseph H. Schnabel., Joseph D. Ahearn, New York City (Mele & Cullen, New York, N. Y., of counsel), for appellees Leon D. DeMatteis & Sons, Inc., Alphonse DeMatteis, Allan Howard, Vincent J. Argiro, Nicholas Carozza, Cobra Pile Driving Corp., Arcus Concrete Corp., s/h/a Arcus Construction Co., The Die Concrete Corporation, s/h/a Die Concrete Corp., and Dic-Underhill, a joint venture s/h/a Dic-Underhill Co., Glabman, Rubenstein, Reinb, Reingold & Rothbart, P. C., Brooklyn, N. Y., for appellee Pascap Co., Inc.
Mansfield, Van Graafeiland Carter.
Cited by 12 opinions  |  Published
PER CURIAM:

The district court dismissed the 293-para-graph complaint in this pro se action on the ground that “the allegations do not make out any judiciable cause of action,” from which plaintiff has appealed.

[*17] Having examined the excessively prolix pleading in the light most favorable to the pro se plaintiff, as we are required to do, see Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), we agree for the most part with the district court’s disposition. The plaintiff apparently does not understand that federal courts, unlike state courts of general jurisdiction, are courts of limited jurisdiction. However, buried in the mass of allegations there are two federally-cognizable claims. The first is the allegation that Warden Reiner of the New York County Jail, West 37th Street, New York City (apparently meaning the old Civil Jail), where plaintiff was incarcerated for 32 days, confiscated plaintiff’s money and personal possessions, refusing to return them to plaintiff when he was released on December 22, 1972. This would state a claim against Reiner, who allegedly acted under color of state law, for deprivation of property in violation of Title 42 U.S.C. § 1983, see Lynch v. Household Finance Corp., 405 U.S. 538, 92 S.Ct. 1113, 31 L.Ed.2d 424 (1972), over which federal courts have jurisdiction, see 28 U.S.C. § 1343(3).

The plaintiff’s other claim over which federal jurisdiction may be invoked is that after one John Doe, driving a green Cadillac, struck the plaintiff and plaintiff called a city policeman to the scene, the policeman, acting in collaboration with John Doe, caused plaintiff to be arrested and taken to the police station, where he was threatened that, unless he withdrew his charges against the driver, charges would be pressed against him for jumping on the hood of the Cadillac. These allegations state a claim against the policeman as a person acting under color of state law for deprivation of freedom without due process in violation of § 1983, see Pierson v. Ray, 386 U.S. 547, 87 S.Ct. 1213, 18 L.Ed.2d 288 1967), and against the driver collaborating with the officer acting under color of state law, see Adickes v. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); United States v. Price, 383 U.S. 787, 86 S.Ct. 1152, 16 L.Ed.2d 267 (1966); Canty v. City of Richmond, 383 F.Supp. 1396 (E.D. Va.1974).

Accordingly we affirm the order of the district court in all respects but without prejudice to the plaintiff’s right to file an amended complaint limited to the foregoing specific claims and to the three individuals who allegedly acted under color of state law.