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Argued April 5, 2010

Before JACOBS, Chief Judge, WINTER and WALKER, Circuit Judges.

Plaintiff Walter Carver appeals from an April 1, 2009 judgment of the United States District Court for the Eastern District of New York (Sifton, J.), dismissing his complaint for lack of standing. As a recipient of public assistance from the City of New York, Carver was required to work for the City, and was paid minimum wage, under a program funded in whole or part by the State of New York. State law requires all state public-assistance recipients to reimburse the state for the assistance they receive, if they win the lottery. Carver won the lottery. It is alleged that the State intercepted part of the prize, and paid it over to the City. Carver sued the City (and various officials and agencies), seeking to recoup the prize money as well as prospective injunctive and declaratory relief. On behalf of himself and others similarly situated, he alleged (inter alia) violation of state and federal constitutional rights and of state and federal minimum wage laws. The United States District Court for the Eastern District of New York (Sifton, J.) dismissed for lack of standing on the ground that no action of the City defendants caused Carver’s injury.

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