Schultz v. The Incorporated Village of Bellport, 479 F. App'x 358

Schultz appeals a district court summary judgment dismissing his §1983 claims for substantive due process and conspiracy, while state-law claims were dismissed with prejudice by stipulation.
The district court thus ruled only the substantive due process claim and a conspiracy claim were before it, not false arrest or malicious prosecution.
Schultz argued for consideration of newly raised §1983 false-arrest and malicious-prosecution claims, based on alleged actions by local officials to hinder him in an election.
The Second Circuit declined to review those newly raised claims, noting lack of below consideration and insufficient discovery.
Schultz’s substantive due process claim alleged infringement of his right to choose his private employment, and the district court found no direct blockage by defendants.
Because there was no underlying constitutional violation, the conspiracy and Monell claims also failed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether to review Schultz's newly raised false-arrest and malicious-prosecution §1983 claims	Schultz argues for review as important constitutional issues.	Defendants contend these claims were not properly before the court on appeal.	Not reviewed; declined.
Whether Schultz's substantive due process claim survives	Schultz contends his right to choose employment was infringed.	Defendants contend there was no direct blocking of his chosen field.	Fails; no direct deprivation established.
Whether Schultz's conspiracy claim can succeed without an underlying violation	Conspiratorial conduct violated his rights.	Without a substantive violation, conspiracy claim fails.	Fails as underlying §1983 claims fail.
Whether Schultz's Monell claim can survive	Municipal liability should attach for policy-level conduct.	No underlying violation, so Monell cannot attach.	Fails; derivative liability rejected.

Conn v. Gabbert, 526 U.S. 286 (U.S. 1999) (due process employment-choice claims require complete prohibition of right)
Droz v. McCadden, 580 F.3d 106 (2d Cir. 2009) (conspiracy claims fail where underlying §1983 claims fail)
Segal v. City of New York, 459 F.3d 207 (2d Cir. 2006) (Monell analysis requires underlying constitutional violation)
Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574 (U.S. 1986) (summary judgment standard; non-movant must show genuine issue of material fact)
Singleton v. Wulff, 428 U.S. 106 (U.S. 1976) (general rule: issues not passed upon below generally not reached on appeal)
Terry v. Ashcroft, 336 F.3d 128 (2d Cir. 2003) (analysis of factual inferences in reviewing summary judgment)
Monell v. Dep’t of Soc. Servs., 436 U.S. 658 (U.S. 1978) (municipal liability requires a policy or custom causing violation)
Schultz v. Inc. Vill. of Bellport, No. 08-cv-930, 2010 WL 3924751 (E.D.N.Y. 2010) (district court memorandum and order cited by circuit in affirming judgment)