LaROCCA v. GOLD

No. 49 Docket 81-7234.

662 F.2d 144 (1981)

Rev. Vincent LaROCCA, esq., Plaintiff-Appellant, v. Eugene GOLD, individually and as District Attorney of Kings County, New York, Robert N. Kaye, as Assistant District Attorney, Kings County, New York, Jaime A. Rios, as Assistant District Attorney, Kings County, New York, The Supreme Court of the State of New York, Appellate Division, Second Department, the Honorable Milton Mollen, Presiding Justice, Honorable Moses M. Weinstein, in his capacity as Associate Justice of the Supreme Court of the State of New York, Appellate Division, Second Department, Supreme Court of the State of New York, Second Judicial District, William Thompson, Chief Administrative Justice, Honorable Harry J. Donnelly, in his capacity as Acting Justice of the Supreme Court of the State of New York, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 14, 1981.


Attorney(s) appearing for the Case

Robert A. Destro, Milwaukee, Wis. (Catholic League for Religious & Civil Rights, Milwaukee, Wis., Rev. Vincent LaRocca, Legal Aid Society, Criminal Defense Division, Brooklyn, N. Y., Melvin L. Wulf, Clark, Wulf, Levine & Peratis, New York City, of counsel), for plaintiff-appellant.

Ellen Bronzo, Asst. Atty. Gen., New York City (George D. Zuckerman, Asst. Sol. Gen., Robert Abrams, Atty. Gen. of the State of New York, New York City, of counsel), for State Court Appellees.

Michael J. Halberstam, Asst. Dist. Atty., Brooklyn, N. Y. (Eugene Gold, Dist. Atty., Kings County, Brooklyn, N. Y., of counsel), for appellees Gold, Kaye and Rios.

Before LUMBARD, MANSFIELD and VAN GRAAFEILAND, Circuit Judges.


MANSFIELD, Circuit Judge:

Father Vincent LaRocca, an ordained Catholic priest who is licensed to practice law in the State of New York, appeals from a decision and order entered in the Eastern District of New York by Judge Jacob Mishler dismissing his civil rights complaint under 42 U.S.C. §§ 1983 and 1985(3), which sought declaratory and injunctive relief against the defendants-appellees, who include the District...

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