United States Second Circuit

In a 42 U.S.C. section 1983 action arising out of the demolition of plaintiffs' building by defendant village after a fire, summary judgment for defendants is affirmed where: 1) plaintiffs failed to produce evidence sufficient to create a genuine dispute concerning whether defendants abused their discretion in determining that an emergency existed; and 2) given the eventual dismissal of all of plaintiffs' federal claims, the district court acted well within its discretion in declining to assert supplemental jurisdiction over plaintiffs' state-law claim.

Appellate Information

• Decided 12/09/2009
• Published 12/09/2009

Judges

• GERARD E. LYNCH, Circuit Judge:, Before:  MINER, KATZMANN, and LYNCH, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mark Schneider, Plattsburgh, NY, for Plaintiffs-Appellants.


• For Appellees:
  
• Thomas W. Plimpton, Stafford, Owens, Piller, Murnane & Trombley, PLLC, Plattsburgh, NY, for Defendants-Appellees the Village of Rouses Point, George Rivers and Michael Tetreault, Jr., Steven C. Shahan, Taddeo & Shahan, LLP, Syracuse, NY, for Defendant-Appellee Brian Pelkey.