United States Second Circuit

In an action by a recipient of public assistance against New York City for constitutional violations and violations of the minimum wage laws based on the city's interception of a lottery award to plaintiff, dismissal of the action is affirmed in part where, in asserting his takings and substantive due process claims, plaintiff alleges that he was injured by the taking of his lottery prize; and in asserting his equal protection claims, he alleged that he was injured by the discriminatory taking of his lottery prize on the basis of his status as a public-assistance recipient, but these injuries were caused solely by the state and not the city. However, the order is vacated in part where plaintiff has standing to assert his minimum-wage claims because the city's actions indirectly caused the interception of his lottery prize.

Appellate Information

• Decided 09/23/2010
• Published 09/23/2010

Judges

• Dennis Jacobs

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard D. Lamborn, Mordecai Newman