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Home / Case Digests / Second Circuit — Sanction: Koehl v. Bernstein

Second Circuit — Sanction: Koehl v. Bernstein

U.S. Court of Appeals for the Second Circuit

Sanction

Dismissal

Koehl v. Bernstein
12-3855-cv
Judges Leval, Hall and Lohier

Background: The plaintiff prisoner brought an action alleging that the defendants violated his constitutional rights by failing to provide him with necessary medical treatment during his incarceration and by punishing him for his efforts to secure such treatment. The suit was dismissed as a sanction for the plaintiff’s repeated use of abusive, insulting language directed at the magistrate judge assigned to the case.

Ruling: The Second Circuit affirmed. The plaintiff has a prior pro se case that was dismissed for similar conduct. Further, the plaintiff was warned that his conduct could lead to dismissal.

Edward Koehl, pro se; Barbara D. Underwood of the New York State Office of the Attorney General for the appellee