United States Second Circuit

In a case involving acts of sexual abuse committed by mayor in his office, home, and city-issued police cruiser, grant of summary judgment for municipal defendant is affirmed where: 1) former mayor was not acting in his official capacity when he committed tortious acts in violation of 42 U.S.C. section 1983; 2) municipal defendant could not be collaterally estopped from relitigating color-of-law issue litigated against former mayor in that mayor's criminal trial; and 3) a state governmental immunity statute barred plaintiffs' state law tort claim against municipal defendant.

Appellate Information

• Decided 09/11/2008
• Published 09/11/2008

Judges

Court

• United States Second Circuit

Counsel