SPENCER v. CASAVILLA

No. 1012, Docket 89-7836.

903 F.2d 171 (1990)

Mrs. Ernestine SPENCER, individually as the mother of Samuel Benjamin Spencer, III, deceased, and as Administratrix of the estate of Samuel Benjamin Spencer, III, Mr. Samuel B. Spencer, Jr., father of Samuel Benjamin Spencer, III, deceased, Plaintiffs-Appellants, v. Frank CASAVILLA, Frank D'Antonio, Cosmo Muriale, Douglas Mackey, John Does, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided May 14, 1990.


Attorney(s) appearing for the Case

Cornelia T.L. Pillard, New York City (Julius LeVonne Chambers, Charles Stephen Ralston, James I. Meyerson, New York City, on the brief), for plaintiffs-appellants.

Before KEARSE, CARDAMONE, and MAHONEY, Circuit Judges.


KEARSE, Circuit Judge:

Plaintiffs Ernestine Spencer and Samuel B. Spencer, Jr., appeal from a final judgment of the United States District Court for the Southern District of New York, Charles S. Haight, Jr., Judge, dismissing their complaint, brought under 42 U.S.C. §§ 1981, 1985(3), and 1986 (1982), and the Thirteenth Amendment to the Constitution, to recover for a racially motivated assault on their son, Samuel B. Spencer, III ("Spencer"), that...

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