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MERRITT v. SHUTTLE, INC.

Docket No. 98-6207.

187 F.3d 263 (1999)

Richard MERRITT and Mary-Jo Merritt, Plaintiffs-Appellees, v. SHUTTLE, INC., U.S. Airways Inc., Terry V. Hallcom, Kent Jarrell, WUSA Television, Steven K. Wilson, John Does, 1 through 50, in their individual capacities, the last fifty names being fictitious names for employees of Shuttle, Inc., U.S. Airways Inc. and Federal Aviation Administration, Defendants, Joseph McNeil, John Blankenship, Kevin O'Donnell and United States of America, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 20, 1999.

Attorney(s) appearing for the Case

Peter R. Maier, Department of Justice, Washington, D.C. (Frank W. Hunger, Assistant Attorney General, Washington, D.C., Zachary W. Carter, United States Attorney, Eastern District of New York, Brooklyn, NY, Barbara L. Herwig, Department of Justice, Washington, D.C., of counsel), for Appellants McNeil, Blankenship and O'Donnell.

Richard J. Merritt, Lido Beach, NY, Appellee Pro Se.

Before: MESKILL, PARKER and SOTOMAYOR, Circuit Judges.

MESKILL, Circuit Judge:

Defendants-appellants, employees of the Federal Aviation Administration, appeal from an order entered in the United States District Court for the Eastern District of New York, Platt, J., denying their motion to dismiss plaintiffs' Bivens claims on the basis of qualified immunity. We remand with instructions to dismiss the Bivens claims for lack of subject matter jurisdiction.

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