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MANN v. VILLAGE OF WALDEN

No. 78 CIV 6191 (LBS).

482 F.Supp. 154 (1979)

Albert MANN as Administrator of the Goods, Chattels, and Credits of the Estate of Michael Mann, Deceased, Plaintiff, v. The VILLAGE OF WALDEN and William A. Schmeiser, Defendants. SECURITY INSURANCE COMPANY OF HARTFORD, Intervenor-Plaintiff, v. The TRUSTEES OF THE VILLAGE OF WALDEN, William A. Schmeiser, Albert Mann as Administrator of the Goods, Chattels and Credits of Michael Mann, Intervenor-Defendants.

United States District Court, S. D. New York.

November 26, 1979.

Attorney(s) appearing for the Case

Dennis H. Lewitas, New York City, for plaintiff.

Jacobowitz & Gubits, Walden, N. Y., John H. Thomas, Jr., Walden, N. Y., Rein, Mound & Cotton, New York City, for defendants.

OPINION

SAND, District Judge.

The question raised by defendants' motion for summary judgment is whether a cause of action under 42 U.S.C. § 1983 lies here or whether plaintiff's sole remedy, if any, is in a pending state court negligence action.1 We conclude that plaintiff has failed to state a cause of action under 42 U.S.C. § 1983 and grant defendants' motion.

I. BACKGROUND

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