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QUINN v. SYRACUSE MODEL NEIGHBORHOOD CORP.

No. 576, Docket No. 79-7561.

613 F.2d 438 (1980)

Leo A. QUINN, Appellant, v. SYRACUSE MODEL NEIGHBORHOOD CORPORATION; Peter White, Individually and in his capacity as Executive Director of Syracuse Model Neighborhood Corporation; Lee Alexander, Individually and in his capacity as Mayor of the City of Syracuse; David S. Michel, Individually and in his capacity as Commissioner of the Department of Community Development for the City of Syracuse; John Mungovan, Individually and in his capacity as Deputy Commissioner of the Department of Community Development for the City of Syracuse and the City of Syracuse, Appellees.

United States Court of Appeals, Second Circuit.

Decided January 8, 1980.

Attorney(s) appearing for the Case

William R. Morgan, Syracuse, N. Y., for plaintiff-appellant.

David M. Garber, Syracuse, N. Y. (James L. Gelormini, Syracuse, N. Y., of counsel), for defendants-appellees City of Syracuse, Lee Alexander, David S. Michel and John Mungovan.

William S. Andrews, Syracuse, N. Y., for defendants-appellees Syracuse Model Neighborhood Corp. and Peter White.

Before KAUFMAN, Chief Judge, and SMITH and TIMBERS, Circuit Judges.

KAUFMAN, Chief Judge:

The "liberty" protected by the Fourteenth Amendment against arbitrary governmental interference is a necessarily amorphous concept, which continues to evolve as courts apply it to the specific circumstances of individual cases. Thus, where an infringement of a constitutionally protected interest in "liberty" is alleged, it is essential that a litigant be afforded a reasonable opportunity to prove facts...

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