Plaintiff's Affidavit is not a Written Instrument, Not Part of the Complaint Pursuant to Rule 10
Plaintiff appeals from a dismissal (Rule 12(b)(1) and 12(b)(6)) - the Second Circuit holds that "an affidavit attached as an exhibit to a...
Second Circuit sets guidelines for whether unpaid interns should be considered employees
Facts: "Plaintiffs, who were hired as unpaid interns, claim compensation as employees under the Fair Labor Standards Act and New York...
Drug and Alcohol Abuse Center failed to receive a final decision on its Zoning Application – Dismiss
Plaintiff-appellant sought to establish a facility for individuals recovering from addiction in a building that was formerly used as a...
Because Plaintiff was not a member of a protected class nor were Defendants’ actions motivated by Pl
Plaintiff was a lecturer in the music department at City University of New York (“CUNY”). Plaintiff regularly complained of bullying and...
Habeas Corpus Upheld - NYS Court Violated Defendants' Right to Examine Detective
This is the appeal of a decision of the SDNY to grant Petitioner-Appellee Julio Alvarez a writ of Habeas Corpus under 28 U.S.C. § 2254...
Defendant-Appellant, already in custdoy, Invoked and then Wavied his Miranda Rights after Agents' co
After invoking his Miranda Rights, the Second Circuit found that the Defendant-Appellant could revoke his invocation of his Miranda...
African American “not fitting in” and Caucasian employee “fitting in better” considered pretext and
The Second Circuit assumed that denial to the van was an adverse employment action and evaluated two statements of which the District...
Defendant NYC Police Officers are not entitled to Qualified Immunity for the mass arrests that occur
Garcia v. Jane and John Doe, 12-2634-cv (Aug. 21 2014) In their complaint, the Plaintiffs attached video footage and photographs that...
2nd Cir: District Court made findings, based on father's affidavit, that the closure of the Courtroo
The government recovered a Yahoo transcript between Defendant Ledee and a mother and her child (referred to as KO) describing various...
