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WDNY – Eighth Amendment: Downey v. Sheahan
U.S. District Court, WDNY Eighth Amendment Unauthorized Incarceration – Brief Delay in Release Downey v. Sheahan 15-cv-6129L Judge Larimer Background: The plaintiff alleged that five employees of the Five Points Correctional Facility violated his rights by causing him to serve a sentence of incarceration for five days longer than he should have. The defendants moved […]
Second Circuit – Willey v. Kirkpatrick
U.S. Court of Appeals for the Second Circuit Eighth Amendment – Unsanitary Conditions Summary Judgment – Grounds not Raised Willey v. Kirkpatrick 13-699 Judges Katzmann, Pooler and Carney Background: The plaintiff appealed from the grant of summary judgment to the defendants dismissing his claims brought under Section 1983. The plaintiff alleged that he was targeted […]
Second Circuit – Crawford v. Cuomo, et al.
U.S. Court of Appeals for the Second Circuit Eighth Amendment Sexual Abuse Standard Crawford v. Cuomo, et al. 14-969-cv Judges Katsmann, Walker and Lynch Background: The plaintiff inmate alleged that a corrections officer sexually abused him and other inmates. He commenced an action under the Eighth Amendment. The district court dismissed the case. On appeal, […]
WDNY – White v. Clement
U.S. District Court, WDNY Eighth Amendment Adequate Medical Care – Pro Se Litigant White v. Clement 14-cv-6100L Judge Larimer Background: The plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, alleged that his rights were violated when he was denied adequate medical care. The plaintiff had complained […]
Second Circuit — Eighth Amendment: Hogan v. Fisher
U.S. Court of Appeals for the Second Circuit Eighth Amendment Repugnant Behavior — De Minimis Injury Hogan v. Fisher 12-4246-pr Judges Lynch, Chin and Carney Background: The pro se plaintiff appealed from the dismissal of his complaint alleging he was subjected to cruel and unusual punishment when three masked corrections officers sprayed him with an mixture […]
Second Circuit — Civil Forfeiture — Eighth Amendment: United States v. Pellegrino
U.S. Court of Appeals for the Second Circuit Civil Forfeiture — Eighth Amendment Guilty Property — Forfeiture Standards United States v. Pellegrino 11-2826-cr Judges Calabresi, Cabranes and Parker Background: The defendant appealed from the forfeiture of certain funds following his state court conviction for the sale of prescription drugs. The defendant argued that the court abused its [&hel[...]
WDNY — Eighth Amendment: Virgil v. Darlak, et al.
U.S. District Court, WDNY Eighth Amendment Prisoner Medical Treatment — Deliberate Indifference Virgil v. Darlak, et al. 10-cv-6479P Judge Payson Background: The plaintiff, an inmate in a New York correctional facility, filed suit against the defendants asserting claims for deliberate indifference and medical malpractice. The action arose out of treatment the plaintiff wherein an intravenous [&h[...]
WDNY — Eighth Amendment: Peralta v. Bluff
U.S. District Court, WDNY Eighth Amendment Failure to Treat Medical Condition Peralta v. Bluff 04-cv-6559 Judge Siragusa Background: The plaintiff, a former inmate in the custody of the Department of Corrections and Community Supervision, brought a civil rights action against the defendant for violations under the Eighth Amendment. The plaintiff alleged that he suffered permanent […]
WDNY — Eighth Amendment: Allen v. C.O. Ford, et al.
U.S. District Court, WDNY Eighth Amendment Deliberate Indifference — Treatment Allen v. C.O. Ford, et al. 09-cv-6203L Judge Larimer Background: The plaintiff, an inmate in the custody of the Department of Corrections at the Wende Correctional Facility, brought a civil rights action claiming that, while he was working as a cafeteria porter, he sustained second-degree […]
WDNY — Eighth Amendment: Collier v. Harter, et al.
U.S. District Court, WDNY Eighth Amendment Medical Treatment Collier v. Harter, et al. 04-cv-6514-CJS Judge Siragusa Background: The plaintiff, a prison inmate previously in the custody of the New York State Department of Corrections and Community Supervision, brought a pro se action alleging the his Eighth Amendment rights were violated in connection with medical care […]
WDNY — Medical Malpractice: Striplin v. Alves, et al.
U.S. District Court, WDNY Medical Malpractice Eighth Amendment Striplin v. Alves, et al. 10-cv-06190-CJS Judges Siragusa Background: The plaintiff, an inmate in the custody of the New York State Department of Corrections and Community Supervision, filed a § 1983 complaint alleging the defendants had denied him appropriate medical care. The plaintiff was found unresponsive after […]
WDNY — Eighth Amendment: Rodriquez v. Conway, et al.
U.S. District Court, WDNY Eighth Amendment Medical Malpractice Rodriquez v. Conway, et al. 10-cv-6243L Judge Larimer Background: The pro se plaintiff commenced a § 1983 action alleging that the defendants, employees of the Attica State Correctional Facility, had failed to provide adequate treatment for his back pain. The defendants moved for summary judgment dismissing the […]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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