Spencer v. Casavilla

KEARSE, Circuit Judge Plaintiffs Ernestine Spencer and Samuel B. Spencer, Jr., appeal from a final judgment of the United States District Court for the Southern District of New York, Charles S. Haight, Jr., Judge, dismissing their complaint, brought under 42 U.S.C. §§ 1981, 1985(3), and 1986 (1982), and the Thirteenth Amendment to the Constitution, to recover for a racially motivated assault on their son, Samuel B. Spencer, III (""Spencer""), that resulted in his death. The district court summarily dismissed the complaint on the ground that the alleged conduct did not give rise to any viable federal claim. Because we conclude that the complaint sufficiently alleged a violation of the constitutional right to travel, we vacate the judgment and remand for further proceedings. I. BACKGROUND