United States Second Circuit

In a 42 U.S.C. section 1983 action claiming that Defendant-Judge violated due process by paying Plaintiff less than the amount of compensation he requested as a public defender, the dismissal of the complaint is affirmed, where: 1) the determination of Plaintiff's compensation was a judicial act and thus entitled to immunity; and 2) Plaintiff's claims against the city failed because the judges were not municipal policymakers.

Appellate Information

• Argued 10/22/2008
• Decided 08/28/2009
• Published 08/28/2009

Judges

• KEARSE, Circuit Judge:, Before: KEARSE, SACK, and KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• David Bliven, White Plains, NY, Plaintiff-Appellant pro se.


• For Appellees:
  
• Diana R.H. Winters, Assistant Solicitor General, New York, N.Y. (Andrew M. Cuomo, Attorney General of the State of New York, Barbara D. Underwood, Solicitor General, Michael S. Belohlavek, Senior Counsel, New York, NY, on the brief), for Individual Defendants-Appellees., Susan Choi-Hausman, Senior Counsel, New York, N.Y. (Michael A. Cardozo, Corporation Counsel of the City of New York, Pamela Seider Dolgow, Duncan Peterson, New York, NY, on the brief), for Defendant-Appellee City of New York.