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FISHER v. CITY OF NEW YORK

No. 213, Docket 27848.

312 F.2d 890 (1963)

William FISHER, Plaintiff-Appellant, v. The CITY OF NEW YORK, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided January 24, 1963.

Attorney(s) appearing for the Case

William B. Moore, New York City, for plaintiff-appellant.

Leo A. Larkin, Corp. Counsel, New York City, and Seymour B. Quel, New York City, for defendant-appellee.

Before MEDINA, WATERMAN and MOORE, Circuit Judges.

PER CURIAM.

Insofar as plaintiff's claim seeking monetary compensation from the municipality for his eleven year imprisonment after a conviction for manslaughter in violation of due process of law, is based upon 28 U.S.C. § 1343(3) and 42 U.S.C. § 1983, we affirm on the ground of lack of jurisdiction. The attempt to distinguish Monroe v. Pape, 1961, 365 U.S. 167, 81 S.Ct. 473, 5 L.Ed.2d 492; Egan v. City of Aurora, 1961, ...

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