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SADALLAH v. CITY OF UTICA

No. 03-9055.

383 F.3d 34 (2004)

Elvera SADALLAH and Valley View Country Club, Inc., as the assignee of Elvera Sadallah, Plaintiffs-Appellees, v. CITY OF UTICA and Edward Hanna, individually and in his official capacity as Mayor of the City of Utica, New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: September 3, 2004.

Attorney(s) appearing for the Case

Dennis B. Schlenker, Esq., Albany, NY, for Plaintiffs-Appellees.

Joseph P. Giruzzi, Esq., Assistant Corporation Counsel for the City of Utica (John W. Dillon, Corporation Counsel for the City of Utica, on the brief), Utica, NY, for Defendants-Appellants.

Before: NEWMAN, KEARSE and SOTOMAYOR, Circuit Judges.

SOTOMAYOR, Circuit Judge.

Defendants-appellants Edward Hanna ("Hanna")1 and City of Utica (the "City") (collectively, "defendants") appeal from an order of the United States District Court for the Northern District of New York (Hurd, J.) denying Hanna qualified immunity. Because we find that plaintiffs have failed to allege facts sufficient to make out a constitutional claim under the "stigma plus" doctrine, see Morris v. Lindau,

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