United States Second Circuit

Judgment dismissing plaintiff's 1983 action to prevent the agency-defendants and the defendant-bank from levying against his Supplemental Security Income (SSI) benefits to enforce a child support order entered by a New York court is: 1) vacated in part as to the dismissal of agency-defendants, and remanded, where a) SSI benefits are not based upon remuneration for employment within the meaning of 42 U.S.C. 659(a), so that section does not preclude plaintiff's claim, and b) the Rooker-Feldman doctrine and the exception to federal jurisdiction for divorce matters do not preclude the district court from exercising jurisdiction over the matter; and 2) affirmed in part, as to the dismissal of defendant-bank, where plaintiff's complaint has not alleged facts establishing that defendant-bank is a state actor for purposes of 42 U.S.C. section 1983.

Appellate Information

• Decided 07/24/2013
• Published 07/24/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel