Spinelli v. City of New York, No. 07-1237

In an action arising from defendants' confiscation of plaintiff's firearms inventory and suspension of her dealer's license, dismissal of plaintiffs' due process, Fourth Amendment, and tortious interference with business relations claims is dismissed in part, reversed in part and vacated in part where: 1) the court properly dismissed plaintiffs' Fourth Amendment claim as the defendant's warrantless search of plaintiff's gun shop was objectively reasonable and performed pursuant to established regulations; 2) the court erred in dismissing plaintiffs' due process claims as defendant denied plaintiffs constitutionally sufficient notice and the opportunity for a post-deprivation hearing; and 3) the reversal of plaintiffs due process claim reinstates the court's supplemental jurisdiction over her state law tortious interference claim.    

Read Spinelli v. City of New York, No. 07-1237

Appellate Information
Appeal from the United States District Court for the Southern District of New York.
Argued: January 22, 2009
Decided: August 7, 2009

Judges
Before WALKER and CALABRESI, Circuit Judges.
Opinion by WALKER, Circuit Judge.

Counsel
For Plaintiff: SANFORD F. YOUNG, Law Offices of Sanford F. Young, New York, N.Y.

For Defendant: ANN E. SCHERZER, Assistant Corporation Counsel, New York, N.Y.