X-MEN SEC., INC. v. PATAKI

Docket Nos. 97-9023(L), 97-9595(CON)

196 F.3d 56 (1999)

X-MEN SECURITY, INC.; Anthony Richards, President, X-Men Security, Inc.; and Sheila Boyd, President of Ocean Towers Tenant Association, on behalf of the Ocean Towers' Tenants, Plaintiffs-Appellees, v. Governor George PATAKI, individually; Joseph H. Holland, Commissioner of the Division of Housing and Community Renewal, individually; DU Third Realty, Inc.; BSR Management Corporation; Bernard Jereski, individually, and as a Managing Partner of DU Third Realty, Inc.; and Aaron Silberman, individually and as an Officer of BSR Management Corporation, Defendants, Jules Polonetsky, individually; Peter King, individually, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 2, 1999.


Attorney(s) appearing for the Case

MICHAEL A. HARDY, New York, New York (Terence C. Scheurer, Scheurer, Wiggin & Hardy, New York, New York, on the brief), for Plaintiffs-Appellees.

THOMAS D. HUGHES, Deputy Solicitor General, New York, New York (Dennis C. Vacco, Attorney General of the State of New York, John W. McConnell, Deputy Solicitor General, Katharine Demgen, Assistant Attorney General, New York, New York, on the brief), for Defendant-Appellant Jules Polonetsky.

STEPHEN J. RIEGEL, Assistant United States Attorney, Brooklyn, New York (Zachary W. Carter, United States Attorney for the Eastern District of New York, Varuni Nelson, Assistant United States Attorney, Brooklyn, New York, Geraldine R. Gennet, General Counsel, Michael L. Stern, Senior Counsel, United States House of Representatives, Washington, D.C., on the brief), for Defendant-Appellant Peter King.

Before: WINTER, Chief Judge, KEARSE, Circuit Judge, and HAIGHT, District Judge.


KEARSE, Circuit Judge:

Defendants Jules Polonetsky, a former member of the New York State Assembly, and Peter King, a member of the United States House of Representatives (collectively the "legislators"), appeal from orders of the United States District Court for the Eastern District of New York, I. Leo Glasser, Judge, denying their motions pursuant to Fed.R.Civ.P. 12(b)(6) to dismiss, on qualified-immunity grounds...

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