(DOWNLOAD) "Spencer v. Casavilla" by Second Circuit U.S. Court Of Appeals * Book PDF Kindle ePub Free
eBook details
- Title: Spencer v. Casavilla
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 19, 1994
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 56 KB
Description
KEARSE, Circuit Judge : This case returns to us after a jury trial and a judgment setting aside the jury's verdict on certain claims, following our remand in Spencer v. Casavilla, 903 F.2d 171 (2d Cir. 1990) (""Spencer I ""). Plaintiffs Ernestine Spencer and Samuel Spencer, Jr., appeal from so much of the final judgment of the United States District Court for the Southern District of New York, Kimba M. Wood, Judge, as dismissed their claims pursuant to 42 U.S.C. §§ 1981 and 1985(3) (1988) for the racially motivated beating and murder of their son, Samuel Spencer III (""Spencer""). With respect to federal and state-law claims asserted on behalf of Spencer, the jury returned a verdict in favor of plaintiffs on liability issues, and it awarded a total of $700,000 in compensatory and punitive damages on the state-law claims, but awarded no additional damages on the federal claims. The jury also found for plaintiffs on their individual claims under § 1985(3) for conspiracy to deprive them of the services of Spencer, awarding them $300,000 on those claims. The district court set aside the verdicts on all of the federal claims, ruling principally (a) that the § 1981 claims must be dismissed for lack of state action, and (b) that the § 1985(3) claims on behalf of Spencer must be dismissed for lack of evidence from which a reasonable jury could conclude that defendants acted with the intent to deprive Spencer of his constitutional right to travel. On appeal, plaintiffs challenge the dismissals of their federal claims. For the reasons that follow, we dismiss so much of the appeal as seeks review of the dismissal of the federal claims asserted on behalf of Spencer; we affirm the dismissal of the federal claims asserted on behalf of plaintiffs individually.
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