Chalfy v. Turoff, 804 F.2d 20 (2d Cir. 1986). · Go Syfert
Chalfy v. Turoff, 804 F.2d 20 (2d Cir. 1986). Cases Citing This Book View Copy Cite
“brief shows that did not attempt seriously to weigh the merits of their various claims under section 1983 or the united states constitution”
44 citation events (22 in the last 25 years) across 14 distinct courts.
Strongest positive: Johnson v. Resources for Human Development (paed, 1995-06-01)
Treatment trajectory · 1986 → 2026 · click a year to view as-of
1986 2006 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Johnson v. Resources for Human Development (2×) also: Cited as authority (rule)
E.D. Pa. · 1995 · quote attribution · 1 verbatim quote · confidence high
brief shows that did not attempt seriously to weigh the merits of their various claims under section 1983 or the united states constitution
discussed Cited as authority (rule) Porter v. Port Authority Of New York And New Jersey
E.D.N.Y · 2022 · confidence medium
The Second Circuit has held that “a true pattern of harassment by government officials may make out a section 1983 claim for violation of due process of law.” Chalfy v. Turoff, 804 F.2d 20, 22 (2d Cir. 1986).
discussed Cited as authority (rule) Bertuglia v. City of New York (2×) also: Cited "see"
S.D.N.Y. · 2015 · confidence medium
Id. at 719, 736 n. 11; Chalfy v. Turoff, 804 F.2d 20, 22-23 (2d Cir.1986) (per curiam).
cited Cited as authority (rule) Vaher v. Town of Orangetown
S.D.N.Y. · 2015 · confidence medium
Mar. 21, 2014). 22 “[A] true pattern of harassment by government officials may make out a section 1983 claim for violation of due process of law.” Chalfy v. Turoff, 804 F.2d 20, 22 (2d Cir.1986).
cited Cited as authority (rule) Fed Trade Commission v. Natl Bus Consultants, et a
5th Cir. · 2007 · confidence medium
Chalfy v. Turoff, 804 F.2d 20, 23 (2d Cir. 1986).
discussed Cited as authority (rule) Beechwood Restorative Care Center v. Leeds
W.D.N.Y. · 2004 · confidence medium
“A substantive due *279 process claim based on allegedly tortious conduct by a state actor therefore ordinarily requires evidence of conduct that ‘can properly be characterized as arbitrary, or conscience-shocking, in a constitutional sense.’ ” Interport Pilots Agency, Inc. v. Sammis, 14 F.3d 133 (2d Cir.1994) (quoting Collins v. City of Harker Heights, Texas, 503 U.S. 115, 128 , 112 S.Ct. 1061 , 117 L.Ed.2d 261 (1992); see also Boyanowski v. Capital Area Intermediate Unit, 215 F.3d 396, 400 (3d Cir.) (only the “most egregious official conduct can be said to be ‘arbitrary in the co…
discussed Cited as authority (rule) Lange-Kessler v. Department of Education
2d Cir. · 1997 · confidence medium
See, e.g., Schware, 353 U.S. at 239 , 77 S.Ct. at 756 (“[A]ny [required] qualification must have a rational connection with the applicant’s fitness or capacity to practice [the profession].”); Chalfy v. Turoff, 804 F.2d 20, 23 (2d Cir.1986) (“[A] licensing authority need only show that the challenged requirement is ra tionally related to an applicant’s fitness for the occupation.”).
discussed Cited as authority (rule) Julia Lange-Kessler v. Department Of Education Of The State Of New York
2d Cir. · 1997 · confidence medium
See, e.g., Schware, 353 U.S. at 239 , 77 S.Ct. at 756 ("[A]ny [required] qualification must have a rational connection with the applicant's fitness or capacity to practice [the profession]."); Chalfy v. Turoff, 804 F.2d 20, 23 (2d Cir.1986) ("[A] licensing authority need only show that the challenged requirement is rationally related to an applicant's fitness for the occupation."). 15 This question must be answered in the affirmative.
cited Cited as authority (rule) Hicks v. Arthur
E.D. Pa. · 1995 · confidence medium
Chalfy v. Turoff, 804 F.2d 20, 23 (2d Cir.1986); Ford v. Temple Hosp., 790 F.2d 342, 347 (3d Cir.1986).
discussed Cited as authority (rule) Interport Pilots Agency, Inc. v. Sammis
2d Cir. · 1994 · confidence medium
The due process clause "is not a guarantee against incorrect or ill-advised [government] decisions." Bishop v. Wood, 426 U.S. 341, 350 , 96 S.Ct. 2074, 2080 , 48 L.Ed.2d 684 (1976). 54 A substantive due process claim based on allegedly tortious conduct by a state actor therefore ordinarily requires evidence of conduct that "can properly be characterized as arbitrary, or conscience-shocking, in a constitutional sense." Collins, --- U.S. at ----, 112 S.Ct. at 1070 ; see Rosa R. v. Connelly, 889 F.2d 435, 439 (2d Cir.1989) (requiring evidence that official action was "arbitrary or irrational or m…
discussed Cited as authority (rule) Interport Pilots Agency, Inc. v. Sammis
2d Cir. · 1994 · confidence medium
A substantive due process claim based on allegedly tortious conduct by a state actor therefore ordinarily requires evidence of conduct that “can properly be characterized as arbitrary, or conscience-shocking, in a constitutional sense.” Collins , — U.S. at —, 112 S.Ct. at 1070 ; see Rosa R. v. Connelly, 889 F.2d 435, 439 (2d Cir.1989) (requiring evidence that official action was “arbitrary or irrational or motivated by bad faith”), cert. denied, 496 U.S. 941 , 110 S.Ct. 3225 , 110 L.Ed.2d 671 (1990); Chalfy v. Turoff, 804 F.2d 20, 23 (2d Cir.1986) (per cu-riam) (requiring proof of …
discussed Cited as authority (rule) Armina Lee, D/B/A Brass Bull v. The City of Newport
6th Cir. · 1991 · confidence medium
Not all prohibitable conduct is necessarily related to a State's legitimate interest in regulating or licensing a particular occupation. 41 A licensing regulation must contain requirements that are "rationally related to an applicant's fitness for the occupation." Chalfy v. Turoff, 804 F.2d 20, 23 (2d Cir.1986).
discussed Cited as authority (rule) Walter G. Finch v. Hughes Aircraft Company
Fed. Cir. · 1991 · confidence medium
Our precedent is similar to that of our sister circuits, which have adjudged frivolity where, for example, appeals “lacked any support in law or the record,” Chalfy v. Turoff, 804 F.2d 20, 23 (2d Cir.1986), were “contrary to established law and unsupported by a reasoned, colorable argument for change in the law,” Coleman v. Commissioner, 791 F.2d 68, 71 (7th Cir.1986), or were “brought without the slightest chance of success,” Bankers Trust Co. v. Publicker Indus., 641 F.2d 1361, 1367 (2d Cir.1981).
discussed Cited as authority (rule) Antonio Mareno, Jr. v. Thomas Rowe and Jet Aviation of America, Inc. (2×)
2d Cir. · 1990 · confidence medium
See Rodriguez, Alvarez v. Bahama Cruise Line, Inc., 898 F.2d 312, 317-18 (2d Cir.1990); Chalfy v. Turoff, 804 F.2d 20, 23 (2d Cir.1986).
discussed Cited "see" One Barberry Real Estate Holding, LLC v. Maturo
D. Conn. · 2021 · signal: see · confidence high
See Kovaco v. Rockbestos-Surprenant Cable Corp., 834 F.3d 128, 143 (2d Cir. 2016) (explaining that “when a counseled party moves for summary judgment, ‘a partial response [by the non-movant] arguing that summary judgment should be denied as to some 21 Plaintiffs assert a secondary theory based on the notion that “a true pattern of harassment by government officials may make out a section 1983 claim for violation of due process of law.” Chalfy v. Turoff, 804 F.2d 20, 22 (2d Cir. 1986) (per curiam); see also Hu v. City of New York, 927 F.3d 81, 103 (2d Cir. 2019) (“While we have not re…
cited Cited "see" Hu v. City of New York
2d Cir. · 2019 · signal: see · confidence high
See Chalfy , 804 F.2d at 22-23 ; see also Interport Pilots Agency, Inc. v. Sammis , 14 F.3d 133 , 144 (2d Cir. 1994) (characterizing Chalfy as a theory of substantive Due Process).
cited Cited "see" DeVecchis v. Scalora
D. Conn. · 2016 · signal: see · confidence high
See Chalfy v. Turoff, 804 F.2d 20, 22-23 (2d Cir.1986).
discussed Cited "see" Bertuglia v. City of New York (2×) also: Cited "see, e.g."
S.D.N.Y. · 2012 · signal: see · confidence high
See Chalfy, 804 F.2d at 22.
discussed Cited "see" Frank v. State Ex Rel. Wyoming Board of Dental Examiners
Wyo. · 1998 · signal: see · confidence high
See Allhusen, 898 P.2d at 885 (applying a rational relationship test to legislation regarding the practice of mental health professionals) and Chalfy v. Turoff, 804 F.2d 20, 23 (2nd Cir.1986) (“licensing authority need only show that the challenged requirement is rationally related to applicant’s fitness for the occupation.”).
discussed Cited "see" Bright Lights, Inc. v. City of Newport
E.D. Ky. · 1993 · signal: see · confidence high
See Lee v. Newport, No. 91-00613, 947 F.2d 945 (Table) (6th Cir. Nov. 5, 1991) (available on WESTLAW, 1991 WL 227750, p. *7 ) (disclosure requirement constitutional if it generally evaluates “an applicant’s fitness for the occupation”) (quoting Chalfy v. Turoff, 804 F.2d 20, 23 (2d Cir.1986)), cert. denied, — U.S. —, 112 S.Ct. 1559 , 118 L.Ed.2d 207 (1992); Ellwest Stereo, 718 F.Supp. at 1567 (ordinance is “not unconstitutional simply because it imposes disclosure requirements on adult-oriented establishments which are not imposed on other businesses”); see also T-Marc, Inc. v. P…
discussed Cited "see" Karan v. Adams
D. Conn. · 1992 · signal: see · confidence high
See Chalfy v. Turoff 804 F.2d 20, 23 (2d Cir.1986); Conrad v. County of Onondaga Examining Board for Plumbers, 758 F.Supp. 824, 828 (N.D.N.Y.1991); Solomon v. Emanuelson, 586 F.Supp. 280, 284 (D.Conn.1984).
cited Cited "see" Burka v. New York City Transit Authority
S.D.N.Y. · 1988 · signal: see · confidence high
See Chalfy v. Turoff, 804 F.2d 20, 23 (2d Cir.1986) (per curiam) (discussing privacy implications of limousine licensing requirements).
discussed Cited "see, e.g." Opinion Number
La. Att'y Gen. · 2003 · signal: see, e.g. · confidence low
Gerstien v. Pugh, 420 U.S. at 125 , 95 S.Ct. at 868 ; see, e.g., Chaffy v. Turoff, 804 F.2d 20 (2d Cir. 1986) (detention of 45 minutes while issuing summonses did not violate the Fourth Amendment); Wilson v. Waldon, 586 F. Supp. 1235 (W.D.Mo. 1984) (2 hour detention after arrest for killing deer out of season did not violate Fourth Amendment).
discussed Cited "see, e.g." Opinion Number
La. Att'y Gen. · 2002 · signal: see, e.g. · confidence low
Gerstien v. Pugh, 420 U.S. at 125 , 95 S.Ct. at 868 ; see, e.g., Chaffy v. Turoff, 804 F.2d 20 (2d Cir. 1986) (detention of 45 minutes while issuing summonses did not violate the Fourth Amendment); Wilson v. Waldon, 586 F. Supp. 1235 (W.D.Mo. 1984) (2 hour detention after arrest for killing deer out of season did not violate Fourth Amendment).
discussed Cited "see, e.g." Arum v. Miller
E.D.N.Y · 2002 · signal: compare · confidence low
Compare Dobosz v. Walsh, 892 F.2d 1135, 1138 (2d Cir.1989) (throwing decapitated rats and garbage on property and firing several bullets through a bedroom window rises to the level of a federally protected right against harassment) with Chalfy v. Turoff, 804 F.2d 20 , 22-23 (2d Cir.1986) (finding that New York City Taxi and Limousine Commission’s stopping and ticketing unlicensed limousines and requiring strict compliance with hearing procedures does not give rise to the level of a claim under Section 1983); See also Baird v. Perez, 98 CV 3762, 1999 WL 386746 , at *3 n. 3 (S.D.N.Y.
discussed Cited "see, e.g." Moresi v. State, Dept. of Wildlife & Fisheries
La. · 1990 · signal: see, e.g. · confidence low
But the relatively short period of detention here was not such a "significant pretrial restraint of liberty" that a judicial determination of probable cause was required. *1091 Gerstien v. Pugh, 420 U.S. at 125, 95 S.Ct. at 868 ; see, e.g., Chaffy v. Turoff, 804 F.2d 20 (2d Cir.1986) (detention of 45 minutes while issuing summonses did not violate the Fourth Amendment); Wilson v. Waldon, 586 F.Supp. 1235 (W.D.Mo.1984) (2 hour detention after arrest for killing deer out of season did not violate Fourth Amendment).
discussed Cited "see, e.g." Harry Klein Produce Corp. v. United States Department of Agriculture
2d Cir. · 1987 · signal: see also · confidence medium
As for the challenge to the sanction imposed, the determination of a sanction will not be upset on appeal unless it is found to be “ ‘unwarranted in law ... or without justification in fact____’ ” Magic Valley Potato Shippers, Inc. v. Secretary, 702 F.2d 840, 842 (9th Cir.1983) (per curiam) (quoting Butz v. Glover Livestock Comm’n Co., 411 U.S. 182, 185-86 , 93 S.Ct. 1455, 1458 , 36 L.Ed.2d 142 (1973)); see also Chalfy v. Turoff 804 F.2d 20, 22 (2d Cir. 1986) (per curiam) (“Administrative agencies have broad discretion to fashion appro *407 priate sanctions____”).
Retrieving the full opinion text from the archive…
David M. Chalfy, Martin T. Walsh, John J. McCann Joseph
v.
Marrone, Carl Bruce McCamish P.K. Smith, and Smith Limousine Co., Inc. v. Jay L. Turoff, Chairman of the New York City Taxi and Limousine Commission, the New York City Taxi and Limousine Commission, and the City of New York
85-7660.
Court of Appeals for the Second Circuit.
Oct 23, 1986.
804 F.2d 20
Cited by 11 opinions  |  Published

804 F.2d 20

5 Fed.R.Serv.3d 1479

David M. CHALFY, Martin T. Walsh, John J. McCann, Joseph V.
Marrone, Carl Bruce McCamish, P.K. Smith, and
Smith Limousine Co., Inc., Appellants,
v.
Jay L. TUROFF, Chairman of the New York City Taxi and
Limousine Commission, the New York City Taxi and
Limousine Commission, and the City of
New York, Appellees.

No. 62, Docket 85-7660.

United States Court of Appeals,
Second Circuit.

Argued Sept. 18, 1986.
Decided Oct. 23, 1986.

Barbara Kent (Mellor & Kent, Harold B. Foner, New York City, of Counsel), for appellants.

Elizabeth Dvorkin, Asst. Corp. Counsel (Frederick A.O. Schwarz, Corp. Counsel of the City of New York, June A. Witterschein, Asst. Corp. Counsel, New York City, of counsel), for appellees.

Before LUMBARD, OAKES and MINER, Circuit Judges.

PER CURIAM:

1

Appellants Chalfy and other New York limousine owners and drivers appeal from a judgment of the United States District Court for the Southern District of New York, Kevin T. Duffy, Judge, granting a motion for summary judgment in favor of appellees Turoff, the New York City Taxi and Limousine Commission (TLC), and the City of New York, and denying the appellants' motion for a preliminary injunction, thereby dismissing the appellants' challenge to TLC's administration of the limousine licensing requirements of New York City Administrative Code Secs. 2304-2306. Appellants contend that the district court wrongly concluded that none of the constitutional deprivations alleged by the appellants, including claims of harassment, invasion of privacy, denial of procedural due process, and violation of "freedom of movement," stated a claim for relief under 42 U.S.C. Sec. 1983 (1982). They also argue that the court erred in failing to issue them a preliminary injunction. Because this appeal is entirely without merit, we affirm the judgment below and award the appellees $2,000 to cover attorneys' fees, costs, and expenses incurred in litigating this appeal.

2

Appellant first argues that the procedures adopted by TLC for issuing and adjudicating civil penalties for licensing violations are constitutionally inadequate. This claim fails, however, because the procedures established by the Administrative Code and applied by TLC do provide notice and a meaningful opportunity to be heard in accordance with the requirements set out by the Supreme Court in Mathews v. Eldridge, 424 U.S. 319, 335, 96 S.Ct. 893, 903, 47 L.Ed.2d 18 (1976). See also Buck v. Board of Education, 553 F.2d 315, 318 (2d Cir.1977) (requirements of due process vary, but include adequate notice of the proceeding and charges and a fair opportunity to be heard), cert. denied, 438 U.S. 904, 98 S.Ct. 3122, 57 L.Ed.2d 1147 (1978). Here, appellants were given adequate notice in the summons of the time and place of a hearing at which appellants could contest TLC's findings. The summons also stated that a violator could be represented by counsel and bring witnesses to testify at the hearing. In addition, there is no evidence that the appellants were in fact denied assistance of counsel at any hearing; the Walsh request for a postponement was an attempt to delay imposition of the fine pending the outcome of a challenge to TLC's authority and it was not an abuse of the agency's discretion to deny the request. Cf. 900 G.C. Affiliates, Inc. v. City of New York, 367 F.Supp. 1, 4-5 (S.D.N.Y.1973) (denial of continuance request not evidence of deprivation of due process as it was not abuse of discretion). Moreover, TLC did not violate appellants' due process rights by requiring that fines be paid immediately. Administrative agencies have broad discretion to fashion appropriate sanctions, see Butz v. Glover Livestock Commission Co., 411 U.S. 182, 185-88, 93 S.Ct. 1455, 1457-59, 36 L.Ed.2d 142 (1973), and TLC's procedures here are not unreasonable, especially in light of the fact that the pertinent statutes allow TLC to enforce its judgment only if the fine has remained unpaid for four months. New York City Charter, ch. 65, Sec. 2303(c); New York City Administrative Code Sec. 2306(e).

3

Appellants argue that TLC violated their due process rights by harassing them in an attempt to drive them out of business unless they "submit[ted] to licensure." Although a true pattern of harassment by government officials may make out a section 1983 claim for violation of due process of law, see, e.g., Espanola Way Corp. v. Meyerson, 690 F.2d 827, 829 (11th Cir.1982), cert. denied, 460 U.S. 1039, 103 S.Ct. 1431, 75 L.Ed.2d 791 (1983), the facts of this case fall far short. Unlike the cases cited by appellants, e.g., Black Jack Distributors, Inc. v. Beame, 433 F.Supp. 1297 (S.D.N.Y.1977), TLC's actions were not illegal and they placed no discriminatory burden on a constitutionally protected activity. The appellants' proof shows only that TLC was at most a bit overzealous in stopping and ticketing appellants' admittedly unlicensed limousines and in requiring strict adherence to its hearing procedures. Thus there is no evidence of the kind of systematic and intentional harassment that would give rise to a claim under section 1983. Compare Espanola Way, 690 F.2d at 828 (teams of inspectors issued 344 unwarranted building code violations at great cost to hotel).

4

Appellants also argue that TLC has violated their rights of privacy by requiring the disclosure of certain medical information. This claim, too, is totally without merit. In the absence of any infringement on a constitutionally protected right or liberty, as is the case here, cf. Whalen v. Roe, 429 U.S. 589, 602, 604 n. 32, 97 S.Ct. 869, 878-79 n. 32, 51 L.Ed.2d 64 (1977) (drug users' privacy rights not violated by required disclosure of names and addresses), a licensing authority need only show that the challenged requirement is rationally related to an applicant's fitness for the occupation. See, e.g., Schware v. Board of Bar Examiners, 353 U.S. 232, 239, 77 S.Ct. 752, 756, 1 L.Ed.2d 288 (1957). Here, TLC's medical questionnaire serves the purpose of protecting public safety against risks posed by limousine drivers whose health problems may affect their ability to drive safely. This is certainly a legitimate purpose, see Costner v. United States, 720 F.2d 539 (8th Cir.1983) (upholding similar requirement for the trucking industry), and one that does not violate any of appellants' privacy rights.

5

Appellants next contend that TLC's inspectors violated their Fourth Amendment rights when on two occasions they stopped an unlicensed limousine for an "excessive" period of time while summonses were issued. Appellants admit, however, that there was probable cause, or at least reasonable suspicion, for TLC to stop the vehicles. Their only real complaint is about the duration of the stop: forty-five minutes to write three tickets at one stop and twenty-five minutes to write two tickets at the other. Although these delays undoubtedly inconvenienced appellants and their passengers, they nevertheless do not amount to a violation of appellants' constitutional rights. Cf. United States v. Sharpe, 470 U.S. 675, 105 S.Ct. 1568, 84 L.Ed.2d 605 (1985) (upholding investigatory stop of twenty minutes).

6

Almost as an afterthought, appellants argue that they are entitled to a preliminary injunction against future enforcement of the licensing provisions by TLC. However, not only will no irreparable harm result from denial of an injunction--TLC has in the interim dropped its attempts to license vehicles such as those driven by appellants--but appellants have failed to show any probability of success on the merits, or any balance of hardships tipping in their favor. Thus there are no grounds for issuance of an injunction. See In re G. & A. Books, Inc., 770 F.2d 288, 299 (2d Cir.1985), cert. denied, --- U.S. ----, 106 S.Ct. 1195, 89 L.Ed.2d 310 (1986).

7

Finally, appellees ask that they be awarded attorneys' fees, costs, and expenses under 28 U.S.C. Sec. 1927 (1982) and Fed.R.App.P. 38 on the grounds that this appeal was frivolous and unreasonable. In the past we have granted such requests when the appeal lacked any support in law or the record. See, e.g., Harbulak v. County of Suffolk, 654 F.2d 194 (2d Cir.1981); Bankers Trust Co. v. Publicker Industries, Inc., 641 F.2d 1361 (2d Cir.1981). This is one of those cases. The appellants' brief shows that they did not attempt seriously to weigh the merits of their various claims under section 1983 or the United States Constitution. The brief fails to discuss controlling precedent, cites decisions that were overturned on appeal, and mischaracterizes even their own affidavits. For these reasons, we direct the district court to grant judgment for the appellees in the amount of $2,000 to cover fees, costs, and other expenses of litigation.

8

Judgment affirmed.