From Casetext: Smarter Legal Research

Frierson-Harris v. Hough

United States Court of Appeals, Second Circuit
Jul 20, 2009
328 F. App'x 753 (2d Cir. 2009)

Opinion

No. 08-0453-cv.

July 20, 2009.

Appeal from a judgment of the United States District Court for the Southern District of New York (Cote, J.).

UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the district court is AFFIRMED.

Michael Wesley Frierson-Harris, New York, N.Y., pro se.

Howard Z. Robbins, Proskauer Rose LLP, James E. Carroll and C. Alexa Abowitz, Cetrulo Capone, A. Michael Furman, Furman Kornfeld Brennan LLP, Nathaniel K. Charney, Eisner Mirer, P.C., New York, N.Y., for Appellees.

PRESENT: B.D. PARKER and RICHARD C. WESLEY, Circuit Judges, NICHOLAS TSOUCALAS, Judge, Court of International Trade.

The Honorable Nicholas Tsoucalas, Senior Judge of the United States Court of International Trade, sitting by designation.


AMENDED SUMMARY ORDER

Appellant Michael Wesley Frierson-Harris ("Harris"), pro se, appeals from the district court's judgment dismissing his complaint and amended complaints brought pursuant to, inter alia, 42 U.S.C. §§ 1981, 1983 1985. We assume the parties' familiarity with the underlying facts, the procedural history of the case, and the issues raised on appeal.

We review de novo a district court's dismissal of a complaint pursuant to Federal Rule of Civil Procedure 12(b)(6), construing the complaint liberally, accepting all factual allegations in the complaint as true, and drawing all reasonable inferences in the plaintiffs favor. Chambers v. Time Warner, Inc., 282 F.3d 147, 152 (2d Cir. 2002). We review a district court's order granting summary judgment de novo, and ask whether the court properly concluded that there were no genuine issues of material fact and that the moving party was entitled to judgment as a matter of law. See Miller v. Wolpoff Abramson, L.L.P., 321 F.3d 292, 300 (2d Cir. 2003).

We have considered all of Harris's arguments on appeal and find them to be without merit. We affirm for substantially the same reasons as those stated by the district court in its thorough and well-reasoned opinions and orders.

For the foregoing reasons, the judgment of the district court is hereby AFFIRMED.


Summaries of

Frierson-Harris v. Hough

United States Court of Appeals, Second Circuit
Jul 20, 2009
328 F. App'x 753 (2d Cir. 2009)
Case details for

Frierson-Harris v. Hough

Case Details

Full title:Michael Wesley FRIERSON-HARRIS, PH.D., also known as Michael Wesley…

Court:United States Court of Appeals, Second Circuit

Date published: Jul 20, 2009

Citations

328 F. App'x 753 (2d Cir. 2009)

Citing Cases

Razzano v. Remsenburg-Speonk Union Free Sch. Dist.

Damages for civil rights violations are generally not "incidental" damages recoverable in an Article 78…

Harris v. Members of Bd. of Trs. of Union Theological Seminary in the City of New York

Harris did not vacate his apartment in Hastings Hall voluntarily, so the Seminary opened proceedings in New…