United States Second Circuit

In an action arising from defendants' confiscation of plaintiff's firearms inventory and suspension of her dealer's license, dismissal of plaintiffs' due process, Fourth Amendment, and tortious interference with business relations claims is dismissed in part, reversed in part and vacated in part where: 1) the court properly dismissed plaintiffs' Fourth Amendment claim as the defendant's warrantless search of plaintiff's gun shop was objectively reasonable and performed pursuant to established regulations; 2) the court erred in dismissing plaintiffs' due process claims as defendant denied plaintiffs constitutionally sufficient notice and the opportunity for a post-deprivation hearing; and 3) the reversal of plaintiffs due process claim reinstates the court's supplemental jurisdiction over her state law tortious interference claim.

Appellate Information

• Argued 01/22/2009
• Decided 08/07/2009
• Published 08/07/2009

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before: JOHN M. WALKER, JR. and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Sanford F. Young, Law Offices of Sanford F. Young, (Laura Colatrella, on the brief), New York, N.Y., and David Zelman, Law Offices of David A. Zelman, Brooklyn, N.Y., for Plaintiffs-Appellants.


• For Appellees:
  
• Ann E. Scherzer, Assistant Corporation Counsel, (Kristin M. Helmers, Mark Muschenheim, Of Counsel), for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, N.Y., for Defendants-Appellees.