Opinion · United States Court of Appeals for the Second Circuit
MORPURGO v. INCORPORATED VIL. SAG HARBOR, 327 Fed.Appx. 284 (2nd Cir. 2009)
327 Fed.Appx. 284
- Type
- Opinion
- Court
- United States Court of Appeals for the Second Circuit
- Jurisdiction
- Federal
- Date
- 2009-05-15
- Topic
- general
MORPURGO v. INCORPORATED VIL. SAG HARBOR, 327 Fed.Appx. 284 (2nd Cir. 2009) Annselm MORPURGO, Plaintiff-Appellant, v. The INCORPORATED VILLAGE OFSAG HARBOR, Gregory N. Ferraris as appointed Mayor, Edward Deyermond asretiring elected Mayor, J.
Citator
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MORPURGO v. INCORPORATED VIL. SAG HARBOR,327 Fed.Appx. 284(2nd Cir. 2009)
Annselm MORPURGO, Plaintiff-Appellant, v. The INCORPORATED VILLAGE OF
SAG HARBOR, Gregory N. Ferraris as appointed Mayor, Edward Deyermond as
retiring elected Mayor, J. Doe # 1 through # N of the elected Board of
Trustees, Sag Harbor Village Police, Thomas Fabiano as Police Chief,
Police Officer Patrick Milazzo, Sag Harbor Village Buildings Department,
Timothy Piatt as Fire Marshal/Code Enforcer, Building Inspector Albert
Daniels as material witness, Suffolk County Water Authority, Paul
Greenwood as Assistant Superintendent, Caleca Towner, PC, Andrew T.
Towner, Esq., John Jermain Memorial Library, Gregory N. Ferraris as
President of the Board of Trustees, John Jermain Future Fund, Gail Slevin
and Gregory N. Ferraris, CPA, LLC, as Contacts, and J. Doe # 1 through #
N as subscribers, Gail Slevin as Contact, Gregory N. Ferraris, Thomas
Fabiano, Patrick Milazzo, Timothy Piatt, Paul Greenwood, Christine
Stanley, also known as Helga Morpurgo, Andrew Taras Towner, Esq., Michael
A. Wolohojian, Peter Darrow, and other persons J. Doe # 1 through # N as
other conspiring individuals upon discovery, Defendants-Appellees.fn*
No. 07-5392-pr.
United States Court of Appeals, Second Circuit.
May 15, 2009.
Page 285
Appeal from a judgment of the United States District Court for the Eastern District of New York (Joanna Seybert, Judge).UPON CONSIDERATION WHERE-OF, IT IS HEREBY ORDERED,ADJUDGED, AND DECREEDthat the judgment of the District Court isAFFIRMEDin part andVACATEDandREMANDEDin part.
Annselm Morpurgo, Sag Harbor, NY, pro se.
Andrew T. Towner, Caleca Towner, PC, East Hampton, NY, for Defendants-Appellees Christine Stanley, also known as Helga Morpurgo, Andrew T. Towner, and Caleca Towner, PC.
Anton Piotroski, Hammill, O'Brien, Croutier, Dempsey Pender, P.C., Syosset, NY, for Defendants-Appellees John Jermain Memorial Library, Gregory N. Ferraris, and the John Jermain Future Fund.
Diane K. Farrell, Devitt Spellman Barrett, LLP, Smithtown, NY, for Defendants-Appellees The Incorporated Village of Sag Harbor, Sag Harbor Village Police, Sag Harbor Village Buildings Department, Edward Deyermond, Gregory N. Ferraris, Thomas Fabiano, Patrick Milazzo, Timothy Piatt, and Building Inspector Albert Daniels.
Amiel S. Gross, Twomey, Latham, Shea, Kelley, Dubin Quartararo LLP, Riverhead, NY, for Defendants-Appellees Suffolk County Water Authority and Paul Greenwood.
Sharon A. Sandell, Mayer Brown LLP, New York, NY, for Defendant-Appellee Peter Darrow.
Andrew T. Towner, Caleca Towner, PC, East Hampton, NY, for Defendants-Appellees Christine Stanley, also known as Helga Morpurgo, Andrew T. Towner, and Caleca Towner, PC.
Anton Piotroski, Hammill, O'Brien, Croutier, Dempsey Pender, P.C., Syosset, NY, for Defendants-Appellees John Jermain Memorial Library, Gregory N. Ferraris, and the John Jermain Future Fund.
Diane K. Farrell, Devitt Spellman Barrett, LLP, Smithtown, NY, for Defendants-Appellees The Incorporated Village of Sag Harbor, Sag Harbor Village Police, Sag Harbor Village Buildings Department, Edward Deyermond, Gregory N. Ferraris, Thomas Fabiano, Patrick Milazzo, Timothy Piatt, and Building Inspector Albert Daniels.
Amiel S. Gross, Twomey, Latham, Shea, Kelley, Dubin Quartararo LLP, Riverhead, NY, for Defendants-Appellees Suffolk County Water Authority and Paul Greenwood.
Sharon A. Sandell, Mayer Brown LLP, New York, NY, for Defendant-Appellee Peter Darrow.
PRESENT: WILFRED FEINBERG, JOSÉ A. CABRANES and SONIA SOTOMAYOR, Circuit Judges.
SUMMARY ORDER
Plaintiff-appellant Annselm Morpurgo ("plaintiff) appeals,pro se, from a November 8, 2007 judgment entered in the District Court, in which the District Court declined to exercise jurisdiction over plaintiffs claims pursuant toYounger v. Harris,401 U.S. 37,91 S.Ct. 746,27 L.Ed.2d 669(1971). We assume the parties' familiarity with the factual and procedural history of the case, as well as the issues on appeal.
We reviewde novoa district court's determination that "the requirements for abstention [underYounger] have been met."Diamond "D" Constr. Corp. v. McGowan,282 F.3d 191,197(2d Cir. 2002) (quotingSchlagler v.Phillips,166 F.3d 439,441(2d Cir. 1999)). "Youngerabstention is required when three conditions are met: (1) there is an ongoing state proceeding; (2) an important state interest is implicated in that proceeding; and (3) the state proceeding affords the federal plaintiff an adequate opportunity for judicial review of the federal constitutional claims."Diamond "D" Constr. Corp.,282 F.3d at 198. However, we have held that "application of theYoungerdoctrine is inappropriate where the litigant seeks money damages for an alleged violation of § 1983 . . ."Rivers v. McLeod,252 F.3d 99,101-02(2dPage 286Cir. 2001) (citingKirschner v. Klemons,225 F.3d 227,238(2d Cir. 2000)).
Upon a review of the record, we conclude that insofar as plaintiff was seeking injunctive relief, the District Court properly found that the threeYoungerfactors were met and accordingly properly abstained from exercising jurisdiction. However, we conclude that the District Court erred in abstaining from exercising jurisdiction over plaintiffs claims for monetary damages.1
Accordingly, the judgment of the District Court isAFFIRMEDwith respect to plaintiffs claims seeking injunctive relief, butVACATEDwith respect to plaintiffs claims for monetary damages, and the cause isREMANDEDto the District Court for further proceedings consistent with this order.