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HURWITZ v. U.S.

No. 861, Docket 88-6283.

884 F.2d 684 (1989)

Leo HURWITZ, Plaintiff-Appellant, v. The UNITED STATES of America and the Central Intelligence Agency, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided September 6, 1989.

Attorney(s) appearing for the Case

Stanley Faulkner, New York City (Jeffrey Schwartz, of counsel, New York City), filed a brief for plaintiff-appellant.

Andrew Maloney, U.S. Atty., E.D.N.Y., Brooklyn, N.Y. (Robert L. Begleiter, David M. Nocenti, Asst. U.S. Attys., E.D.N.Y., Brooklyn, N.Y., of counsel), filed a brief for defendants-appellees.

Before CARDAMONE and PRATT, Circuit Judges, and LASKER, District Judge.

CARDAMONE, Circuit Judge:

Eleven years ago in Birnbaum v. United States, 588 F.2d 319 (2d Cir.1978), we judged from a reading of past cases and from an assessment of modern legal thinking that New York's courts would recognize an action for an interference with "the right to be free from an unreasonable intrusion." Id. at 326. Time has proved that judgment wrong. New York's highest court has consistently reminded litigants...

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