In a 42 U.S.C. section 1983 action arising out of the demolition of plaintiffs' building by defendant village after a fire, summary judgment for defendants is affirmed where: 1) plaintiffs failed to produce evidence sufficient to create a genuine dispute concerning whether defendants abused their discretion in determining that an emergency existed; and 2) given the eventual dismissal of all of plaintiffs' federal claims, the district court acted well within its discretion in declining to assert supplemental jurisdiction over plaintiffs' state-law claim.
Argued: August 27, 2009
Decided: December 9, 2009
Opinion by Judge Lynch
Mar Schneider, Plattsburgh, NY
Thomas W. Plimpton, Stafford, Owens, Piller, Murnane & Trombley, PLLC, Plattsburgh, NY