United States Second Circuit

Summary judgment for defendants, in case brought by pro se plaintiffs alleging constitutional violations stemming from interfered use and enjoyment of certain parcels of land, is affirmed where: 1) the district court properly granted summary judgment on all claims asserted against defendants; 2) the alleged actions of defendant town were not so outrageous and arbitrary as to implicate substantive due process rights; and 3) plaintiffs have not met their burden of demonstrating that the town retaliated against them for exercising their First Amendment right to seek redress of their grievances.

Appellate Information

• Decided 12/15/2006
• Published 12/15/2006

Judges

• PER CURIAM., Before JACOBS, Chief Judge, B.D. PARKER, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mark Ferran, Albany, NY, Pro Se., Nadia Ferran, Albany, NY, Pro Se.


• For Appellees:
  
• Rebecca M. Vaccariello, Dreyer Boyajian LLP, Albany, NY, for Defendants-Appellees Town of Nassau, Robert Whitney, Bernard Clifford, Joseph Meizinger, Ruth Bridgham, Henry Goebel, Jr., David Reilly, Law Office of Joseph W. Buttridge, Albany, NY, for Defendants-Appellees County of Rensselaer, County of Rensselaer Highway Department, Ralph Colongione, John Toma.