Amaker v. Weiner

179 F.3d 48, 1999 WL 355839
CourtCourt of Appeals for the Second Circuit
DecidedJune 3, 1999
DocketDocket No. 98-2415
StatusPublished
Cited by72 cases

This text of 179 F.3d 48 (Amaker v. Weiner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Amaker v. Weiner, 179 F.3d 48, 1999 WL 355839 (2d Cir. 1999).

Opinion

SACK, Circuit Judge:

Plaintiff Anthony Amaker appeals from a judgment of the district court (Seybert, J.) dismissing his amended complaint. In substance, the amended complaint alleges that police, prosecutors, plaintiffs defense attorneys, the trial judge, an eyewitness, and various court personnel conspired to secure plaintiffs conviction on charges of murder by manufacturing inculpatory evidence and subsequently suppressing evidence probative of their misconduct, all in violation of 42 U.S.C. §§ 1981, 1983, 1985(3) and 1986. Plaintiff ultimately was convicted in New York state court on two counts of second degree murder and is currently serving his sentence. The Ap[50]*50pellate Division affirmed the conviction, People v. Amaker, 195 A.D.2d 605, 602 N.Y.S.2d 546 (2d Dept.1993), and the Court of Appeals denied leave to appeal. People v. Amaker, 82 N.Y.2d 804, 604 N.Y.S.2d 940, 624 N.E.2d 1035 (1993).

The district court dismissed the amended complaint in an unpublished opinion, holding primarily that all of plaintiffs claims were barred by Heck v. Humphrey, 512 U.S. 477, 114 S.Ct. 2364, 129 L.Ed.2d 383 (1994) (§ 1983 claim necessarily implicating the invalidity of the plaintiffs underlying conviction or sentence does not accrue unless and until the underlying conviction otherwise is invalidated). The court held in the alternative that (1) the claims are barred by the three-year statute of limitations applicable to § 1983 actions in New York; (2) the prosecutors are entitled to absolute immunity; (3) the trial judge is entitled to absolute immunity; (4) the private attorney defendants were not state actors for purposes of § 1983; and (5) plaintiffs conspiracy allegations were insufficiently particularized. The court dismissed the amended complaint with prejudice.

On appeal, plaintiff contends that (1) the district court was obliged to convert the motions to dismiss to motions for summary judgment because an affidavit was attached to one of the motions; (2) not all of plaintiffs claims implicate the invalidity of his conviction and, in any event, Heck applies only to the § 1983 cause of action; (3) the statute of limitations should have been equitably tolled under the doctrine of fraudulent concealment; and (4) no one was entitled to absolute immunity.

Plaintiffs initial contention, that the district court erred by failing to apply Fed.R.Civ.P. 12(b) to convert the motions to dismiss to motions for summary judgment, is without merit. Fed.R.Civ.P. 12(b) provides in relevant part:

If, on a motion asserting the defense numbered (6) to dismiss for failure of the pleading to state a claim upon which relief can be granted, matters outside the pleading are presented to and not excluded by the court, the motion shall be treated as one for summary judgment and disposed of as provided in Rule 56, and all parties shall be given reasonable opportunity to present all material made pertinent to such a motion by Rule 56.

According to plaintiff, Rule 12(b) conversion was required in this case because the motion to dismiss on behalf of defendant Modest included an affidavit from her attorney.

This Court does strictly enforce the conversion requirement of Rule 12(b) where there is a legitimate possibility that the district court relied on inappropriate material in granting the motion. See Kopec v. Coughlin, 922 F.2d 152, 154-55 (2d Cir.1991) (reversing a Rule 12(b)(6) dismissal where district court had not converted motion to one for summary judgment but nonetheless had relied in part on information contained only in the extrinsic materials attached to the motion); Fonte v. Board of Managers of Continental Towers Condominium, 848 F.2d 24, 25 (2d Cir.1988) (reversing where district court’s opinion referred to factual matter contained only'in movant’s memorandum of law, which raised “possibility that [the court] improperly relied on matters outside the pleading”). Such vigorous enforcement of the conversion requirement helps ensure that courts will refrain from engaging in fact-finding when considering a motion to dismiss, and also that plaintiffs are given a fair chance to contest defendants’ evidentiary assertions where a court nonetheless does consider evidence extrinsic to the complaint in that context.

Attachment of an affidavit or exhibit to a Rule 12(b)(6) motion, however, does not without more establish that conversion is required. In Pani v. Empire Blue Cross Blue Shield, 152 F.3d 67 (2d Cir.1998), cert. denied, — U.S. —, 119 S.Ct. 868, 142 L.Ed.2d 770 (1999), the defendant had attached a copy of the Medi[51]*51care Carriers’ Manual as an exhibit to its motion to dismiss, and the district court had cited to the manual in the course of reaching a particular conclusion supporting its ruling. See id. at 75. Because the district court also relied upon a prior decision to establish the same proposition for which the manual was cited, however, we declined to reverse for lack of conversion. See id. Pani thus establishes that reversal for lack of conversion is not required unless there is reason to believe that the extrinsic evidence actually affected the district court’s decision and thus was not at least implicitly excluded.

There is no reason to believe that the court below relied on the Modest affidavit to decide the motion to dismiss. The information conveyed in that affidavit is limited in scope: It sets forth facts about plaintiffs ongoing efforts to compel the production of certain documents under New York’s Freedom of Information Law, and Modest’s responses to those efforts. Because it is plain that this information had no impact whatsoever on the district court’s analysis, at least with respect to those aspects of the decision upon which our review turns, we reject plaintiffs first argument.

Plaintiffs second contention, that not all of his claims are barred by Heck, also fails. Heck confronted the question of whether, given the overlap between § 1983 and the federal habeas corpus statute, a prisoner seeking civil damages may proceed with a § 1983 claim where success on the claim necessarily would implicate the unconstitutionality of the prisoner’s conviction or sentence. See 512 U.S. at 480-90, 114 S.Ct. 2364; cf. Jenkins v. Haubert, 179 F.3d 19 (2d Cir.1999) (summarizing the holding in Heck).

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179 F.3d 48, 1999 WL 355839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amaker-v-weiner-ca2-1999.