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Punch and Jurists: November 2, 2009

Issue PDF
Volume 16, Number 43

In this issue:

  1. Caiozzo v. Koreman, No. 05-4002-cv (2nd Cir.) (581 F.3d 63) (September 22, 2009) (Judge Robert D. Sack) (p None)
  2. Jova v. Smith, No. 08-2816-pr (2nd Cir.) (582 F.3d 410) (September 28, 2009) (Per Curiam) (p None)
  3. Hernandez v. Coffey, No. 06-4246-pr (2nd Cir.) (582 F.3d 303) (September 21, 2009) (Judge Pierre N. Leval) (p None)
  4. Sengkeo v. Horgan, No. Civ. No. 09cv11032-NG (D.Mass.) (670 F.Supp.2d 116) (November 24, 2009) (Judge Nancy Gertner) (p None)
  5. U.S. v. Skoien, No. 08-3770 (7th Cir.) (587 F.3d 803) (November 18, 2009) (Judge Diane S. Sykes) (p None)
  6. Wallace v. Powell, No. 3:09-cv-286 (M.D.Pa.) (2009 WL 4051974) (November 20, 2009) (Judge A. Richard Caputo) (p None)
  7. In the Matter of Gerald R. Smith, No. 09-80163 (9th Cir.) (586 F.3d 1169) (November 10, 2009) (Judge Richard C. Tallman) (p None)
  8. U.S. v. Livesay, No. 08-14712 (11th Cir.) (587 F.3d 1274) (November 16, 2009) (Judge Joel F. Dubina) (p None)
  9. U.S. v. Stewart, No. 06-5015-cr (2nd Cir.) (590 F.3d 93) (November 17, 2009) (Judge Robert D. Sack) (p None)

Caiozzo v. Koreman, No. 05-4002-cv (2nd Cir.) (581 F.3d 63) (September 22, 2009) (Judge Robert D. Sack)

In a 42 U.S.C. § 1983 action for deliberate indifference to a prisoner's medical needs, summary judgment for defendants is affirmed where the standard for analyzing a claim of deliberate indifference to the health or safety of a convicted prison inmate held in state custody as a violation of the ...

Jova v. Smith, No. 08-2816-pr (2nd Cir.) (582 F.3d 410) (September 28, 2009) (Per Curiam)

In an action by prisoners claiming that defendant prison personnel infringed their right to practice their religion under the Religious Land Use and Institutionalized Persons Act, summary judgment for defendants is affirmed in part where the restrictions imposed on plaintiffs’ practice were justified by powerful security and administrative interests, but ...

Hernandez v. Coffey, No. 06-4246-pr (2nd Cir.) (582 F.3d 303) (September 21, 2009) (Judge Pierre N. Leval)

In a 42 U.S.C.§ 1983 action by a prisoner alleging that he was beaten by defendant corrections officers and denied medical treatment by defendant nurse, dismissal of the action is vacated where the district court erred in converting defendants' motion for judgment on the pleadings under Fed. R. Civ. P. ...

Sengkeo v. Horgan, No. Civ. No. 09cv11032-NG (D.Mass.) (670 F.Supp.2d 116) (November 24, 2009) (Judge Nancy Gertner)

This case explores the subtle, but important, distinctions between two Supreme Court that define the limitations on the government's power to detain removable aliens: Zadvydas v. Davis, 533 U.S. 678 (2001), and Demore v. Kim, 538 U.S. 510 (2003). Zadvydas held that detention after an alien is found to be ...

U.S. v. Skoien, No. 08-3770 (7th Cir.) (587 F.3d 803) (November 18, 2009) (Judge Diane S. Sykes)

Here the Court upheld a Second Amendment challenge to a conviction for possession of a gun by a domestic violence misdemeanant under 18 U.S.C. § 922(g)(9) on the grounds that the Government had failed to justify the validity of that statute.

Last June, in its landmark ruling in District of ...

Wallace v. Powell, No. 3:09-cv-286 (M.D.Pa.) (2009 WL 4051974) (November 20, 2009) (Judge A. Richard Caputo)

Here the Court held that two crooked Pennsylvania judges who sentenced an estimated 5000 juveniles to a detention center in exchange for kickbacks were entitled to assert the defense of judicial immunity, at least for their courtroom acts.

This decision is an outgrowth of the widely-publicized and shocking conduct of ...

In the Matter of Gerald R. Smith, No. 09-80163 (9th Cir.) (586 F.3d 1169) (November 10, 2009) (Judge Richard C. Tallman)

Here the Court approved a 42% reduction in the CJA fees requested by a defense attorney after admitting that “the purpose of the [CJA] is not to compensate counsel with fees rivaling those available to attorneys representing nonindigent clients”.

This decision sends an important message about the price that America ...

U.S. v. Livesay, No. 08-14712 (11th Cir.) (587 F.3d 1274) (November 16, 2009) (Judge Joel F. Dubina)

This decision marks the fourth time that the Eleventh Circuit has reviewed the sentence of probation repeatedly imposed by Judge U.W. Clemon of the N.D.Ala. on Kenneth Livesay, the former chief information officer and assistant controller of HealthSouth Corporation. (See, U.S. v. Livesay, 146 Fed. Appx. 403 (11th Cir. Aug. ...

U.S. v. Stewart, No. 06-5015-cr (2nd Cir.) (590 F.3d 93) (November 17, 2009) (Judge Robert D. Sack)

The three opinions contained in this decision, comprising 191 pages, deal with the aftermath of the high-profile trial of Lynne Stewart, in which the famed defense attorney and two co-defendants were convicted, inter alia, of various terrorism crimes including a plot to pass messages to and from her client, Sheikh ...