MARSH v. SKINNER

No. 98, Docket 90-6113.

922 F.2d 112 (1990)

Jonathan MARSH, Plaintiff-Appellant, v. Samuel K. SKINNER, individually and in his capacity as Secretary of the United States Department of Transportation; Brian C. Clymer, individually and in his capacity as Administrator of the Urban Mass Transportation Administration; Leonard Braun, individually and in his capacity as Eastern Regional Director of the Urban Mass Transportation Administration; Brian Sternan, individually and in his capacity as Manager of Region II of the Urban Mass Transportation Administration; Metropolitan Transportation Authority; New York City Transit Authority; Robert F. Kiley, individually and in his capacity as Chairman and Mortimer L. Downey, individually and in his capacity as Executive Director, of the Metropolitan Transportation Authority, the New York City Transit Authority, the Manhattan and Bronx Surface Transit Operating Authority, the Staten Island Surface Transit Operating Authority, the Long Island Railroad, the Metro-North Commuter Railroad and the Metropolitan Suburban Bus Company; Edward I. Koch, individually and in his capacity as Mayor of the City of New York; New York City Department of Transportation; Ross Sandler, individually and in his capacity as Commissioner of the New York City Department of Transportation; Sandra Schnur, individually and in her capacity as Director of the Half Fare Program for the Handicapped of the City of New York City Department of Transportation; and 100 Does, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 26, 1990.


Attorney(s) appearing for the Case

Jonathan Marsh, New York City, pro se.

Susan Weiner, New York City, for defendants-appellees Metropolitan Transp. Authority, New York City Transit Authority, Robert F. Kiley, and Mortimer L. Downey.

Fred Kolikoff, New York City (Victor Kovner, Larry A. Sonnenshein, of counsel), for defendants-appellees Edward I. Koch, New York City Dept. of Transp., Ross Sandler, and Sandra Schnur.

Paul Weinstein, Asst. U.S. Atty., New York City, for defendants-appellees Samuel B. Skinner, Brian C. Clymer, Leonard Braun, and Brian Sternan.

Midge M. Hyman, New York City (Jerome G. Lee, Christopher K. Hu, Morgan & Finnegan, and Herbert Semmel, New York Lawyers for the Public Interest, Inc., of counsel), for amici curiae New York State Com'n on Quality of Care for the Mentally Disabled, and Disabled in Action.

Before NEWMAN, PIERCE, and ALTIMARI, Circuit Judges.


ALTIMARI, Circuit Judge:

Plaintiff-appellant Jonathan Marsh, proceeding pro se, appeals from a judgment, entered in the United States District Court for the Eastern District of New York (Edward R. Korman, Judge), dismissing his complaint for failure to state a claim upon which relief can be granted. Fed.R.Civ.P. 12(b)(6). Marsh's complaint alleged that the defendants-appellees wrongfully excluded him from the...

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