#secondcircuit

Cory Morris maintains and posts these case briefs for educational purposes only - this blog should not be construed as offering legal advice.

Second Circuit: Qualified Immunity Denied as District Court record not sufficient to justify Child P

The show of authority by Child Protective Services is daunting. Power corrupts and absolute power corrupts absolutely. Child Protective...

Claim against Rikers Island Guards allowed to Proceed: Plaintiff alleges that Rikers Island Guards B

The Plaintiff, Axel Rentas, was an inmate at Rikers when he alleged that officers used excessive force against him and then fabricated...

2nd Circuit: Lawsuit against 50-Cent Timebarred

The case is about the licensing of a hip-hop beat that was utilized by Defendant Curtis Jackson, also known as "50 Cent." Defendant...

Second Circuit not barred by State Custody Decision

Petitioner, Lisa Tann, appeals the district court determination denying her petition for custody. "Tann, a citizen of the United Kingdom...

Adult-Oriented Establishment fails to Assert Standing for First Amendment Challenge

Courts require standing, a case or controversy, under Article III before a Court will even touch a First Amendment issue. Here, Keepers,...

Second Circuit: Plaintiff was Denied Hearing Contesting Attorney-Dismissal of his Lawsuit against Ne

Gomez was a former NYC Police Officer who filed a complaint in the Southern District of New York alleging that, after he was attacked,...

Improper Pleading Results in Appeal; Occupy Wall Street Case Remanded for Excessive Force Claim

Plaintiff Shamir was part of the Occupy Wall Street Protests. He engaged in sleepful protest: one where he intended on sleeping parallel...

Immunity denied for Prosecutors - Jury Verdict Upheld

Facts: Dr. Leonard Morse was a dentist who had a successful practice in Brooklyn, that was until the Defendants alleged he was committing...

Groping/Fondling of Inmate Constitutes 8th Amendment Violation

Two inmates bring suit, complaining they were groped around the genitalia for the personal gratification of a corrections office. The...

Jury didn't buy NYPD Story at trial; Second Circuit Affirms Jury Award for False Arrest, Malicio

"Defendants Javier Velez and James Lukeson, officers in the New York City Police Department ("NYPD"), and defendant Gary Calhoun, an NYPD...

NY Sexual Offense Conviction Dismissed on Appeal

Slip and Fall Accident - Condition of Puddle Not Clearly Established

Prisoner held three weeks after he was due to be released is awarded $35,000

Court denies dismissal of DWI Charges - Not in the Interests of Justice

Reducing the term of supervised release can satisfy Article III’s case‐or‐controversy requirement

NYPD forced to respond to FOIL request. NYS Supreme Court Justice Moulton refuses to adopt Glomar Do

A plaintiff has a 42 U.S.C. §1981 cause of action for retaliation against a superior if she or he wa

ACLU’s request denied – although the Freedom of Information Act was to “ensure an informed citizenry

Article 78 Proceeding was premature – although significantly delayed, no final determination was iss

Motion for Summary Judgment Granted – Failure to produce clean boxer results in Breach of Contract

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