U.S. District Court, WDNY First Amendment Retaliation – Prisoner Write-ups Washington v. Donahue 11-cv-6176L Judge Larimer Background: The pro se plaintiff commenced an action against employees and officials of Southport Correctional Facility alleging unlawful retaliation in violation of the First ...

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The U.S. District Court for the Western District of New York has reached out to the Monroe County Bar Association for its new clerk of court, announcing on Tuesday the appointment of the 2,000-member organization’s executive director to the job. ...

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U.S. District Court, WDNY Indicative Motion Basis for Relief – Underlying Predicate Motion Medgraph, Inc. v. Medtronic, Inc. 09-CV-6610L Judge Larimer Background: Following summary judgment for the defendant dismissing the complaint against it, the plaintiff has filed a motion for ...

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U.S. District Court, WDNY Social Security Disability Disabled – Work Capacity Perkins v. Commissioner of Social Security 14-cv-6400L Judge Larimer Background: The plaintiff sought review of the administrative law judge’s decision that she was not disabled under the Social Security ...

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U.S. District Court, WDNY Social Security Disability Credibility – Inconsistent Opinion from Treating Physician Westfall v. Colvin 13-cv-6504L Judge Larimer Background: The plaintiff appealed from the denial of disability benefits on the grounds that she was not disabled. Ruling: The ...

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U.S. District Court, WDNY Motion to Reconsider Claim Dismissed by Request – Abandoned Legal Issue Security Plans, Inc. v. Cuna Mutual Insurance Society 08-CV-6313L Judge Larimer Background: In this contract dispute, at issue is a motion asking the District Court ...

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U.S. District Court, WDNY Employment Discrimination Adverse Employment Action – Policy Maker Postell v. Rochester City School District 11-cv-6550L Judge Larimer Background: The plaintiff is an African-American woman and a former employee of the defendant. She alleged that the defendants ...

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U.S. District Court, WDNY Social Security Disability Disabled – Functional Capacity Wilson v. Colvin 14-cv-6279L Judge Larimer Background: The plaintiff appealed from the denial of his disability benefits by the commissioner of Social Security on the grounds that he was ...

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U.S. District Court, WDNY Eighth Amendment Failure to Provide Medical Care – Deliberate Indifference Lawrence v. Evans 14-cv-6444L Judge Larimer Background:  The pro se plaintiff is an inmate in the custody of the New York State Department of Corrections and ...

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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 ...

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U.S. District Court, WDNY Inmate – Due Process Pro Se – Replead Aguirre v. Kendra 14-cv-6346L Judge Larimer Background: The pro se plaintiff commenced an action alleging that, while he was an inmate in custody of the defendants, violated his ...

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U.S. District Court, WDNY Treating Physician Rule Incomplete Record – ALJ’s Duty to Obtain Medical Records Cadet v. Colvin 13-cv-6450L Judger Larimer Background: The plaintiff appealed from the denial of disability insurance benefits and Social Security income by the Commissioner ...

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