Temple of the Lost Sheep Inc. v. Abrams

930 F.2d 178, 1991 WL 45597
CourtCourt of Appeals for the Second Circuit
DecidedApril 5, 1991
DocketNo. 1103, Docket 90-7981
StatusPublished
Cited by21 cases

This text of 930 F.2d 178 (Temple of the Lost Sheep Inc. v. Abrams) 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
Temple of the Lost Sheep Inc. v. Abrams, 930 F.2d 178, 1991 WL 45597 (2d Cir. 1991).

Opinion

FEINBERG, Circuit Judge:

This fiercely contested litigation, which has been conducted in both federal and state courts since the fall of 1988, involves the interaction of the doctrines of abstention and collateral estoppel. Plaintiffs Temple of the Lost Sheep Inc., a/k/a Action Committee to Help the Homeless Now (the Temple), and Henry Jerome Mackey appeal from a judgment of the United States District Court for the Eastern District of New York, Arthur D. Spatt, J., dismissing their complaint against Robert [180]*180Abrams, Attorney General of the State of New York, Assistant Attorney General Jill Laurie Goodman (the State defendants), New York News, Inc., Jack Newfield (the Daily News defendants), John Davis and Thomas Whelan. The district court dismissed appellants’ claims arising under 42 U.S.C. § 1983 because a state court proceeding had resolved against appellants issues central to those claims, and alternatively, as against the State defendants, those claims were barred by qualified immunity. The district court also found that appellants’ claims arising under 42 U.S.C. § 1985(3) failed to state a claim under Fed. R.Civ.P. 12(b)(6). The court then dismissed the remaining state-law claims for lack of subject matter jurisdiction. For the reasons given below, we affirm.

Background

According to the complaint, the Temple operated as an unincorporated religious society from approximately 1960 to 1980 and was thereafter incorporated pursuant to New York's Religious Corporation Law. Appellant Mackey is a founder of the Temple and its “titular head.” One of the Temple’s stated objectives is “to provide a haven wherein persons who believe themselves to be ‘Lost Souls’ may find a temporary refuge, during which time they may seek their own Spiritual regeneration.” Towards that end, the Temple maintains a shelter for homeless men in Queens, New York. Those residing at the shelter must comply with the Temple’s goals and rules. In particular, members are required to “solicit alms from the donating public” by begging, and they then turn over most of those proceeds to Mackey and the Temple.

Defendants John Davis and Thomas Whelan are homeless persons who were admitted to the Temple shelter in 1988. They later defected from the organization and contacted defendant Jack Newfield, at that time a staff writer and regular columnist for the Daily News newspaper published by defendant New York News, Inc. After Davis and Whelan told Newfield that as a condition for staying in the shelter, the Temple required its members to beg and then turn over the proceeds to Mackey, Newfield arranged to have Davis and Whe-lan tell their story to defendant Attorney General for possible investigation.

The Attorney General began an administrative investigation to determine whether the Temple was engaging in fraud under the guise of charitable activity in violation of various provisions of New York statutory law, and accordingly issued subpoenas in the fall of 1988, through defendant Assistant Attorney General Jill Laurie Goodman, to be served on several “John Doe” Temple members and Mackey. In the interim, Newfield wrote two stories in the Daily News, which recounted Mackey’s criminal past, reported his personal wealth, described the Temple’s operations and the experiences of Davis and Whelan, cautioned passersby to “beware of Jerome Mackey’s upside-down water coolers” and reported the issuance of the Attorney General’s subpoenas.

Without complying with the subpoenas, appellants commenced this suit in the Eastern District in November 1988, alleging various violations of their constitutional rights under 42 U.S.C. § 1983 and a conspiracy to violate their rights under section 1985(3). Appellants alleged that pursuant to an overall conspiracy to financially cripple the Temple, defendants agreed that a series of damaging articles on the Temple and Mackey would be published in the Daily News and that the Attorney General would undertake an investigation of their activities, including issuance of the subpoenas at issue. The complaint also alleged that Mackey had been on the Attorney General’s “hit list” since the 1960’s as evidenced by various investigations to which Mackey or his businesses had been subjected. See, e.g., United States v. Corr, 543 F.2d 1042 (2d Cir.1976) (employee of Jerome Mackey’s Judo Inc. convicted of securities fraud and other crimes with regard to financing of the business); United States v. Mackey, 405 F.Supp. 854 (E.D.N.Y.1975) (Mackey convicted of mail fraud relating to his operation of Mackey Distributors, Inc.). Appellants sought injunctive relief from further harassment and compensatory and [181]*181punitive damages for the alleged constitutional deprivations.

Appellants also moved for a preliminary injunction prohibiting the Attorney General from continuing his investigation and requiring the Daily News to give “equal space” to appellants in that newspaper. In December 1988, Judge Reena Raggi denied the motion on the grounds, among others, that the court would probably abstain from hearing the case, and that plaintiffs had not established a likelihood of success on the merits.

At that time, the Temple and Mackey had still not complied with the subpoenas, and the Attorney General moved before Justice Edward Greenfield in Supreme Court, New York County, for an order to compel compliance. The Temple and Mackey cross-moved to dismiss the proceedings and to quash the subpoenas in part on the ground that the Attorney General issued the subpoenas pursuant to a conspiracy to deprive the Temple and Mackey of their constitutional rights. While these motions were pending in state court, the State and Daily News defendants moved in the district court before Judge Raggi for dismissal of appellants’ complaint or in the alternative for abstention from further proceedings until the state court ruled on the validity of the subpoenas. In June 1989, Judge Raggi granted the motion, and stayed this action pending the conclusion of the related state court proceeding.

Appellants thereafter moved for Judge Raggi’s recusal on the ground that she was biased. The judge denied the motion in June 1989. The Temple and Mackey appealed from this order and also sought a writ of mandamus in this court compelling the judge to recuse herself. This court dismissed the appeal, and also denied the petition for mandamus.

In addition, according to appellants, they moved in the state court to prevent Justice Greenfield, in deciding the motions pending before him, from making any determination regarding appellants’ federal claim of conspiracy. In January 1990, however, Justice Greenfield ruled on the motions before him, granting the Attorney General’s motion to compel compliance with the subpoenas and denying appellants’ cross-motions to quash and dismiss, thereby rejecting appellants’ conspiracy claim. Appellants initially appealed Justice Greenfield’s decision to the Appellate Division, First Department, but later withdrew their state appeal and apparently complied with the subpoenas.

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

Related

Masri v. Thorsen
S.D. New York, 2020
Exxon Mobil Corp. v. Schneiderman
316 F. Supp. 3d 679 (S.D. Illinois, 2018)
Bologna v. Allstate Insurance
138 F. Supp. 2d 310 (E.D. New York, 2001)
Coakley v. Jaffe
49 F. Supp. 2d 615 (S.D. New York, 1999)
Szoke v. Carter
974 F. Supp. 360 (S.D. New York, 1997)
Mitchell v. Keane
974 F. Supp. 332 (S.D. New York, 1997)
Thaler v. Casella
960 F. Supp. 691 (S.D. New York, 1997)
Mounkes v. Conklin
922 F. Supp. 1501 (D. Kansas, 1996)
Ferreira v. Westchester County
917 F. Supp. 209 (S.D. New York, 1996)
Hansel v. Town Court For The Town Of Springfield
56 F.3d 391 (Second Circuit, 1995)
Mulligan v. Rioux
643 A.2d 1226 (Supreme Court of Connecticut, 1994)
Carr v. Axelrod
798 F. Supp. 168 (S.D. New York, 1992)
Pro-Choice Network v. Project Rescue Western New York
799 F. Supp. 1417 (W.D. New York, 1992)
Golino v. City of New Haven
950 F.2d 864 (Second Circuit, 1991)

Cite This Page — Counsel Stack

Bluebook (online)
930 F.2d 178, 1991 WL 45597, Counsel Stack Legal Research, https://law.counselstack.com/opinion/temple-of-the-lost-sheep-inc-v-abrams-ca2-1991.