Housing Works, Inc. v. Giuliani

Type

Opinion of the Court

Per curiam

Yes — no individual author

Filed

Jan. 3, 2003

Case

Housing Works, Inc. v. Giuliani

Case status

Decided

Source The opinion is per curiam: issued in the name of the court, with no individual author. This is a fact about the opinion, not missing data.

The first passage of the document, as extracted by the source provider.

SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED. The defendants appeal a judgment of the United States District Court for the Southern District of New York (Marrero, J.) denying their motion to dismiss, on the grounds of qualified immunity, the plaintiffs’ claims of violations of 42 U.S.C. § 1983 . The motion to dismiss was brought pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. We agree with the district court that the plaintiffs have pled sufficient facts to survive the defendants’ motion. The district court’s published opinion provides a complete account of the relevant background of this appeal. Housing Works v. Turner, 179 F.Supp.2d 177 (S.D.N.Y.2001). We therefore limit our discussion to the defendants’ two arguments on appeal: that they should have been accorded qualified immunity (1) against the plaintiffs’ claims for violations of the First Amendment and (2) against the plaintiffs’ claims for violations of the Equal Protection Clause. We review the district court’s denial of the defendants’ motion to dismiss on the pleadings de novo, accepting the allegati…

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