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WDNY — Judicial Immunity: Wik v. Kunego
By: Daily Record Staff//April 9, 2013//
Listen to this articleU.S. District Court, WDNY
Judicial Immunity
Civil Rights
Wik v. Kunego
11-cv-6205-cjs
Judge Siragusa
Background: The plaintiff commenced an action against a town justice alleging that the defendant failed to provide him with certain documents pertaining to a prosecution against him. The underlying prosecution involved a number of traffic infractions, as well as a misdemeanor charge for aggravated unlicensed operation. The defendant moved to dismiss.
Ruling: The District Court granted the motion and dismissed the complaint. The court found that the alleged misconduct of the town justice fell within his duties as a town court justice entitling him to absolute judicial immunity.
Daniel J. Wik, pro se; Robert H. Flynn of Lippman O’Connor for the defendant
Case Digests
- Second Circuit – Plea agreements: Cook v. United States
- Fourth Department: Statute of limitations: Marino v. Weiler
- Fourth Department – Nail and mail service: Rebutting presumption of service L&W Supply Corporation v. Built-Rite Drywall Corp, et al
- Fourth Department – Mental Hygiene Law: Charles L. v. State of New York
- Second Circuit – Medicaid and Medicare certification: U.S. ex rel. Quartararo v. Cath. Health Sys. Of Long Island Inc.
- Fourth Department – Waiver of indictment: People v. King
- Fourth Department – Speedy trial: People v. Jordan
- Fourth Department – Rosario material: People v. Dennard
- Second Circuit – Magnuson-Stevens Act: State of New York v. Raimondo
- Fourth Department – Plea: People v. Davis
- Second Circuit – Revocation of minimum sentence: Bangs v. Walter William Smith, et al.
- Fourth Department – Relation-back doctrine: CHS Inc. v. Land O’Lakes Purina Feed, et al.
Law News
- Split court affirms gun conviction
- N.Y. Court of Appeals reverses gun conviction
- NY board approves cannabis lawsuit settlements, paves way for retail dispensaries
- NY Court of Appeals reverses murder conviction because of illegal police search
- NY Court of Appeals reverses gun conviction over ineffective counsel
- Split court affirms gun conviction, finding search and arrest were legal
- NY appeals court vacates drug conviction over illegal police search
- Split Court of Appeals strips Police Accountability Board of disciplinary power
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