U.S. Second Circuit: September 2012 Archives
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September 2012 Archives

Elderly Man Can Sue Conservator, Attorney for Nursing Home Stay

The Second Circuit Court of Appeals ruled this week that a court-appointed attorney and a conservator involved in an elderly man’s improper conservatorship were not entitled to absolute federal quasi-judicial immunity.

The plaintiff in the case, Daniel Gross, sued after spending 10 months in the locked ward of a Connecticut nursing home while under involuntary conservatorship.

Gross, an octogenarian New York resident, sought treatment in a Waterbury, Connecticut hospital in 2005. While there, a hospital employee filed an application for appointment of a conservator in Waterbury Probate Court. No one knows why.

5 Things to Know About NDAA Indefinite Detention

Last week, the Second Circuit Court of Appeals stayed U.S. District Judge Katherine Forrest's decision to permanently enjoin enforcement of the National Defense Authorization Act's indefinite detention provision, reports The New York Times.

In a one-page order, Second Circuit Judge Raymond J. Lohier granted the Obama administration's request for an interim stay until an appellate panel can hear the matter.

While the Second Circuit prepares to consider the constitutionality of the controversial provision, here are five things you should know about NDAA indefinite detention.

On the Road with the Second Circuit in Vermont

The Second Circuit Court of Appeals will "ride circuit" next month with its first-ever hearing in Vermont.

Second Circuit Chief Judge Dennis Jacobs recently announced that a three-judge panel will hold court in the United States Courthouse and Post Office in Rutland, Vermont on Friday, October 5, 2012.

Karla Giraldo Lawsuit: DAs Have Absolute Immunity

The Second Circuit Court of Appeals ruled on Monday that two Queens County prosecutors are entitled to absolute immunity in Karla Giraldo's civil rights lawsuit.

If you read the Post or the Daily News, Giraldo's name may ring a bell. Giraldo's boyfriend, former State Senator Hiram Monserrate, brought her to a hospital emergency room in 2008 for treatment. She had a laceration above her left eye that required 20 stitches.

Giraldo claimed she was injured as a result of an "accident" that occurred when Monserrate tripped while bringing her a glass of water, causing shards to fly and cut her forehead. Hospital staff suspected that she was really a domestic violence victim — despite her express denials —-- and contacted the police.

Judge Finds NDAA Unconstitutional: Will Second Circuit Agree?

Is the National Defense Authorization Act (NDAA) unconstitutional?

Wednesday, U.S. District Judge Katherine Forrest agreed with plaintiffs -- including Daniel Ellsberg of Pentagon Papers fame -- that the NDAA might have a chilling effect on free speech and violate due process. The Manhattan-based judge permanently enjoined enforcement of the Act, and found that it did not "pass Constitutional muster," Reason reports.

The Obama administration will appeal the decision, according to Business Insider.

Second Circuit Blocks First Amendment Retaliation Suit

How much leeway do public employees have when criticizing operations within their departments?

Very little, according to a recent First Amendment retaliation ruling from the Second Circuit Court of Appeals.

Sole Decision: Everyone Wins in Louboutin-YSL Appeal

There are plenty of perks that came with being a Gen Y child: Goonies, slap bracelets, and Mall Madness. The first incarnation of New Kids on the Block. And participation ribbons. Y-ers get a pat on the back just for showing up.

Wednesday, the Second Circuit Court of Appeals decided to apply the "everyone wins" spirit of the We Generation to the most important intellectual property decision of our time: the Louboutin-Yves St. Laurent (YSL) red-soled shoe battle. Their decision? Christian Louboutin's sole deserves trademark protection, but Yves St. Laurent didn't infringe that trademark with its monochromatic shoes.

Actual Use Unnecessary for Lawful Sporting Purpose Exception

Felons aren’t supposed to have firearms. We all know that by now. But the Sentencing Guidelines take a felon firearm possessor’s intent into account. For example, there’s a six-level sentencing reduction for a felon who possessed a firearm solely for “lawful sporting purposes.”

This week, the Second Circuit Court of Appeals shed a little light on how district courts should apply the lawful sporting purposes provision.