DAQUINO ET AL.

v.

NEW JERSEY

Citator

Cited By

• Morton Birnbaum v. Trussell, 371 F.2d 672 (2d Cir. 1966)
  …to Lewis, we concluded that, while he was not a state officer, he could still be “held liable if he conspired to deprive the plaintiff of the equal protection of the laws. Spampinato v. M. Breger & Co., 270 F. 2d 46, 49 (2d Cir. 1959), cert. denied, 361 U.S. 944, 80 S.Ct. 409, 4 L.Ed.2d 363 (1960); see Collins v. Hardyman, 341 U.S. 651, 661-662, 71 S.Ct. 937, 95 L.Ed. 1253 (1951).” 347 F. 2d at 89. . Dr. Birnbaum was a classified employee under Sec. 40 of the New York Civil Service Law. McKinney’s Consol.L…
• Morton Birnbaum v. Trussell, 347 F.2d 86 (2d Cir. 1965)
  …U.S.C. § 1985(3), for which Lewis, even though he is not a state officer, may be held liable if he conspired to deprive the plaintiff of the equal protection of the laws. Spampinato v. M. Breger & Co., 270 F. 2d 46, 49 (2d Cir. 1959), cert. denied, 361 U.S. 944, 80 S.Ct. 409, 4 L.Ed.2d 363 (1960); see Collins v. Hardyman, 341 U.S. 651, 661-662, 71 S.Ct. 937, 95 L.Ed. 1253 (1951). While we reject, then, the conclusion that the district court did not have jurisdiction over the defendants, we hold that the c…
• Duzynski v. Nosal, 324 F.2d 924 (7th Cir. 1963)
  …ion) to deprive a person of federally protected rights. Private persons, although they may in fact deprive another person of federally protected rights, are not liable under Sec. 1983. Spampinato v. M. Breger & Co., 2 Cir., 270 F. 2d 46 (cert. den. 361 U.S. 944, 80 S.Ct. 409, 4 L.Ed.2d 363), is much in point as to Skorodin and its rationale is equally applicable to Reines. In that case, a doctor associated with the staff of a City Hospital signed a certificate authorizing that plaintiffs be taken to the ps…