Free US Court of Appeals for the Second Circuit case summaries from Justia.
If you are unable to see this message, click here to view it in a web browser. | | US Court of Appeals for the Second Circuit August 29, 2020 |
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Click here to remove Verdict from subsequent Justia newsletter(s). | New on Verdict Legal Analysis and Commentary | Drafted and Shafted: Who Should Complain About Male-Only Registration? | SHERRY F. COLB | | Cornell law professor comments on a recent opinion by the U.S. Court of Appeals for the Fifth Circuit holding that requiring men but not women to register for the draft is constitutional under mandatory U.S. Supreme Court precedents. Specifically, Colb considers what the U.S. Supreme Court should do if it agrees to hear the case and more narrowly, whether the motives of the plaintiffs in that case bear on how the case should come out. | Read More |
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US Court of Appeals for the Second Circuit Opinions | Franco v. City of Syracuse | Docket: 19-0891 Opinion Date: August 28, 2020 Judge: Guido Calabresi Areas of Law: Civil Rights, Constitutional Law | After plaintiff was acquitted for disorderly conduct, resisting arrest, and harassment, he filed suit under 42 U.S.C. 1983, alleging claims of excessive force, false arrest, and malicious prosecution. Two officers moved for summary judgment based on qualified immunity, but the district court denied the motion. The Second Circuit dismissed the officers' appeal based on lack of appellate jurisdiction, holding that the district court did not err as a matter of law when it concluded that there is a genuine dispute of material fact as to whether one of the officers gave verbal commands to disperse prior to his arresting plaintiff and thus had probable cause for the arrest. The court also held that it is properly up to the jury, not a court of appeals, to determine whether to believe testimony supporting plaintiff's claim that there was no such command from the officer. | |
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