United States Second Circuit

In a constitutional claim arising from a voting machine malfunction, summary judgment in favor of plaintiffs is reversed where there is no federal due process claim since no conduct is alleged that would indicate an intentional deprivation of the right to vote.

Appellate Information

• Decided 01/07/2005
• Published 01/07/2005

Judges

• WESLEY, Circuit Judge., Before:  WALKER, Chief Judge, B.D. PARKER and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Eliot Spitzer, Attorney General of the State of New York (Caitlin J. Halligan, Solicitor General, Daniel Smirlock, Deputy Solicitor General, Victor Paladino, Assistant Solicitor General, of counsel), Albany, New York, for amicus curiae the Attorney General of the State of New York.


• For Appellees:
  
• Tom Marcelle, Albany, NY, for Defendant-Appellant., Carl J. Cochi, Utica, NY, for Plaintiffs-Appellees.