Bertuglia v. City of New York

Second Circuit

Bertuglia v. City of New York

509 F. App'x 43

CourtCourt of Appeals for the Second Circuit

DecidedJanuary 29, 2013

DocketNo. 12-1255

StatusPublished

Cited by3 cases

This text of 509 F. App'x 43 (Bertuglia v. City of New York) 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

Bertuglia v. City of New York, 509 F. App'x 43 (2d Cir. 2013).

Pincite

Opinion

SUMMARY ORDER

Elyse Ruzow and Michael Scott appeal from the March 19, 2012 opinion and order of the United States District Court for the Southern District of New York (Koeltl, J.) denying in part their motion to dismiss the Section 1983 claims for deprivation of federal civil rights, malicious abuse of process, stigma-plus defamation, and conspiracy against Ruzow and Scotto.

We dismiss. As set forth in the district court’s thorough and well-reasoned opinion, there are factual disputes that preclude a finding of immunity at this stage of the proceedings. See Bolmer v. Oliveira, 594 F.Sd 134, 141 (2d Cir.2010)(“Defendants-Appellants offer their version of the contested facts surrounding Bolmer’s commitment. We lack jurisdiction to compare their factual evidence with [plaintiffs].”). In the absence of an independent source of jurisdiction, we lack the authority to exercise pendent appellate jurisdiction over other aspects of the order. Bolmer, 594 F.3d at 141.

Accordingly, the appeal hereby is DISMISSED.

Free access — add to your briefcase to read the full text and ask questions with AI

SUMMARY ORDER

Elyse Ruzow and Michael Scott appeal from the March 19, 2012 opinion and order of the United States District Court for the Southern District of New York (Koeltl, J.) denying in part their motion to dismiss the Section 1983 claims for deprivation of federal civil rights, malicious abuse of process, stigma-plus defamation, and conspiracy against Ruzow and Scotto.

We dismiss. As set forth in the district court’s thorough and well-reasoned opinion, there are factual disputes that preclude a finding of immunity at this stage of the proceedings. See Bolmer v. Oliveira, 594 F.Sd 134, 141 (2d Cir.2010)(“Defendants-Appellants offer their version of the contested facts surrounding Bolmer’s commitment. We lack jurisdiction to compare their factual evidence with [plaintiffs].”). In the absence of an independent source of jurisdiction, we lack the authority to exercise pendent appellate jurisdiction over other aspects of the order. Bolmer, 594 F.3d at 141.

Accordingly, the appeal hereby is DISMISSED.

Cite This Page — Counsel Stack

Bluebook (online)

509 F. App'x 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bertuglia-v-city-of-new-york-ca2-2013.

Opinion

Related

Cite This Page — Counsel Stack