McKithen v. Brown, No. 08-4002-pr (2nd Cir.) (626 F.3d 143) (November 19, 2010) (Judge Stefan R. Underhill)
Here, based on the Supreme Court's decision in District Attorney's Office for the Third Judicial District v. Osborne, 129 S.Ct. 2308 (2009), the Second Circuit reversed McKithen v. Brown, 481 F.Supp.2d 440 (E.D.N.Y. July 21, 2008) (Judge Gleeson). The Court held that Osborne "compels the conclusion that plaintiff-appellee was not ...
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