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 complaint is not a 'written instrument' that is deemed part of the complaint pursuant to Rule 10(c)": Smith suffered from a series of medical problems before he started to work for the University of Connecticut. Smith may have been suffering from one of his ailments when he left working the food line at the university. The University termin
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 Labor Law." Pp.1. These unpaid interns worked on either the Black Swan film or at Fox, corporate offices. The allegations are that Fox violated Federal and New York Labor Law, the minimum wage and overtime provisions. Plaintiff Eric Glatt was a NYU graduate who worked (during his graduate program) on the Black Swan film. He did not receive cred
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 nursing home. The proposed facility would have to qualify as a community residence or domiciliary care facility and be granted a special permit from the city (White Plains). A permit was submitted and the Planning Board unanimously recommended approval. After public opposition, the Plaintiff-appellant, Sunrise, sought “reasonable accommodation
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 harassment over the past three years at CUNY. The problem with the complaints, as the court identified, was that the president of Plaintiff’s Union was also the very same Department chair of which Plaintiff complained. After complaints about bullying and the evaluation process, Plaintiff’s position at CUNY was not renewed. He filed a complai
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 based on the New York state trial court’s violation of Alvarez’s Sixth Amendment Confrontation Clause right. The State trial court prohibited Alvarez from questioning a detective as to whether the police had pursued provided leads contained in an investigative report. The Second Circuit finds this to be error and, by doing so, “the trial court
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 rights and submit to interrogation and confessions which formed the basis for several murder convictions after trial. The evidence for this conviction of murder was obtained when the Defendant-appellant was already incarcerated and serving a term of imprisonment for an unrelated offense. He was questioned, invoked his rights and then, as the agen
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 Court excluded: (1) Department of Public Safety employees sharing comments that Plaintiff “did not fit in” with the other Van Members; and (2) Statements from Department of Public Safety supervisors that, Payette, a white male, would “fit in better” than Plaintiff, an African American. The District Court found that “there is insufficient eviden
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 became part of the complaint and, therefore, were considered on appeal. The Plaintiffs allege violations of their First, Fourth and Fourteenth Amendments. While the District Court denied the motion to dismiss these claims against the individual officers, the District Court granted the motion to dismiss claims against the NYC, Mayor Bloomberg an
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 sexual acts a mother performed via webcam with her child, KO. The government executed a warrant and confronted Ledee up where “Ledee also admitted that he was masturbating during the chat session and could see KO’s mother sexually abusing KO via the webcam.” “On March 30, 2012, prior to trial, the government moved to close the courtroom during
