# Walentas v. Lipper

> Court of Appeals for the Second Circuit · November 25, 1988 · 862 F.2d 414

URL: https://www.frixlaw.com/law-library/cases/8966031

## Case

- **Full name:** David C. WALENTAS v. Kenneth LIPPER, John Doe 1, John Doe 2, John Doe 3, John Doe 4, and John Doe 5
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** November 25, 1988
- **Citations:** 862 F.2d 414; 1988 U.S. App. LEXIS 16013; 1988 WL 125939
- **Precedential status:** Published
- **Opinion:** Concurrence by Graafeiland
- **Judges:** Graafeiland, Mahoney, Winter
- **Cited by:** 68 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8966031

## How later opinions describe it (automated extraction)

- holding that a duty of good faith and fair dealing was not a property interest under the due process clause

## Opinion text

VAN GRAAFEILAND, Circuit Judge,
concurring in result:
I am convinced that, on an objective basis, no reasonably competent official in Lip-per’s position would have concluded that the acts described in the complaint herein would violate Walentas’ constitutional rights. The constitutional status of public contractors vis-a-vis public employees was, and continues to be, in a state of uncertainty and flux. See, e.g., Lefkowitz v. Turley, 414 U.S. 70, 83 , 94 S.Ct. 316, 325 , 38 L.Ed. 2d 274 (1973); S & D Maintenance Co., Inc. v. Goldin, 844 F.2d 962, 965-71 (2d Cir.1988); San Bernardino Physicians’ Services Medical Group, Inc. v. County of San Bernardino, 825 F.2d 1404, 1407-10 (9th Cir.1987); Horn v. Kean, 796 F.2d 668 , 671-79 and n. 10 (3d Cir.1986) (en banc). Accordingly, I concur in the result.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8966031. Public record. Not legal advice.