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WALENTAS v. LIPPER

No. 384, Docket 87-7570.

862 F.2d 414 (1988)

David C. WALENTAS, Plaintiff-Appellant, v. Kenneth LIPPER, John Doe # 1, John Doe # 2, John Doe # 3, John Doe # 4, and John Doe # 5, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided November 25, 1988.

Attorney(s) appearing for the Case

Richard S. Fischbein, New York City (Kenneth G. Schwarz, Deborah J. Locitzer, Fischbein Badillo Schwarz Wiener Gruskin & Lederman, New York City, of counsel), for plaintiff-appellant.

Elizabeth Dvorkin, Asst. Corp. Counsel for the City of New York, New York City (Peter Zimroth, Corp. Counsel for the City of New York, Jeffrey Schonback, Edward F.X. Hart, Asst. Corp. Counsels, New York City, of counsel), for defendants-appellees.

Before VAN GRAAFEILAND, WINTER and MAHONEY, Circuit Judges.

MAHONEY, Circuit Judge:

Plaintiff-appellant David C. Walentas appeals from a judgment of the United States District Court for the Southern District of New York, Louis L. Stanton, Judge, granting defendant-appellee Kenneth Lipper's motion for summary judgment, see Fed.R.Civ.P. 56, on the ground that Lipper is entitled to qualified immunity from suit in this action brought pursuant to 42 U.S.C. § 1983 (1982). Walentas also appeals from an earlier order of the district...

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