United States Second Circuit

Dismissal of plaintiff's Fourth Amendment and state-law trespass claims is affirmed where defendant did not violate plaintiff's Fourth Amendment rights by entering plaintiff's lands in an attempt to perform a regulatory inspection.

Appellate Information

• Decided 12/10/2004
• Published 12/10/2004

Judges

• Before:  MINER, CABRANES and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• R. Bertil Peterson, Staff Counsel for The Coalition of Landlords, Homeowners & Merchants, Inc., Babylon, New York, for Plaintiff-Appellant.


• For Appellees:
  
• Gregory J. Nolan, Assistant Attorney General, Environmental Protection Bureau, New York, N.Y. (Marion R. Buchbinder, Senior Assistant Solicitor General; Norman Spiegel, Assistant Attorney General, Environmental Protection Bureau; and Eliot Spitzer, Attorney General of the State of New York, on brief), for Defendants-Appellees.