GALLOP v. CHENEY

Docket No. 10-1241-cv.

642 F.3d 364 (2011)

April GALLOP, individually and for her minor child, E.G., Plaintiff-Appellant, v. Richard CHENEY, former Vice President of the United States, Donald Rumsfeld, former Secretary of the Department of Defense, General Richard Myers (Ret.), United States Air Force, Defendants-Appellees, John Does Nos. I-X, in their individual capacities, Defendants.

United States Court of Appeals, Second Circuit.

Decided: April 27, 2011.


Attorney(s) appearing for the Case

William W. Veale ( Mustapha Ndanusa , Brooklyn, NY; Dennis Cunningham , San Francisco, CA, on the brief), Walnut Creek, CA, for Plaintiff-Appellant April Gallop.

Alicia M. Simmons , Assistant United States Attorney ( Preet Bharara , United States Attorney; Benjamin H. Torrance , Assistant United States Attorney, on the brief), Office of the United States Attorney for the Southern District of New York, New York, NY, for Defendants-Appellees Richard Cheney, Donald Rumsfeld and Richard Myers.

Before: WINTER, JOHN M. WALKER, JR., and CABRANES, Circuit Judges.


JOSÉ A. CABRANES, Circuit Judge:

April Gallop ("Gallop") appeals from a March 18, 2010 judgment of the United States District Court for the Southern District of New York (Denny Chin, Judge) dismissing her complaint asserting violations of a constitutional rights pursuant to Bivens v. Six Unknown Federal Narcotics Agents, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), a common law tort of conspiracy to cause death...

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