Obstacles to the Biden Agenda Include Americans’ Belief in Nonsense

MICHAEL C. DORF

Cornell law professor Michael C. Dorf comments on the willingness of Americans to believe lies and misinformation, pointing to confirmation bias and social media bubbles as playing key roles in this problem. Professor Dorf argues that we must render Trumpism beyond the pale, in part by shunning those who spread lies and minimizing opportunities for them to spread dangerous misinformation and incite riots.

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Kotler v. Jubert

Docket: 16-4191

Opinion Date: January 19, 2021

Judge: William J. Nardini

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

Former inmate Kotler sued prison officials, claiming that they planted a weapon in his housing area in retaliation for his activities on an inmate grievance committee. He also alleged violations of his due process rights in a disciplinary hearing over the incident. After a second remand, the district court dismissed Kotler’s due process claim as abandoned during prior appeals, and dismissed the alleged linchpin defendant, now-deceased Superintendent Donelli, finding that no one timely moved for substitution of Donelli’s successor after his death. A jury returned a defense verdict on Kotler’s retaliation claims. The Second Circuit affirmed in part and vacated in part. The dismissal of Donelli was proper; under FRCP 25(a), the 90-day deadline for a plaintiff to move to substitute a defendant is triggered by service of a notice on the plaintiff of the defendant’s death, regardless of whether that notice was also served upon the decedent’s successor or representative. The district court gave Kotler a fair trial on his retaliation claim. The court asked witnesses questions, limited Kotler’s questioning of a witness, and told Kotler to hurry up numerous times but in light of the entire record, the court’s questions were attempts to clarify and organize information. A supplemental jury instruction did not constitute fundamental error. Kotler did not abandon his due process claim during his previous appeals, so the district court erred in dismissing it.