The Second Circuit vacated in part the district court's dismissal of a pro se prisoner's Section 1983 complaint alleging that three masked Attica correction officers sprayed him with a mixture of feces, vinegar, and machine oil in retaliation for reporting prior assaults.
U.S. Court of Appeals for the Second Circuit, 2013
Published opinions from 2013. The case name opens the case page.
2013 opinions
2nd Cir.Zann Kwan, Plaintiff-Appellant v. the Andalex Group LLC, Defendant-Appellee
December 16, 2013737 F.3d 834
The Second Circuit affirmed the District Court's summary judgment dismissal of Kwan's hostile work environment claim, which she first raised in opposition to summary judgment, and of her claim for COBRA statutory penalties, there being no evidence of bad faith and no showing of prejudice from the year-late COBRA…
The Second Circuit held that an ALJ’s failure to expressly analyze every potentially relevant work-related function before stating an RFC in exertional terms does not automatically require remand.
2nd Cir.Derry Sykes, Plaintiff-Appellant v. Bank of America, New York City Human Resources Administration, Office of Child…
July 24, 2013723 F.3d 399
The court held that the domestic-relations exception and the Rooker-Feldman doctrine did not bar Sykes’s challenge to the agencies’ levy, and that SSI benefits are not subject to child-support levy under 42 U.S.C. § 659(a).
2nd Cir.Steven Spavone, Plaintiff-Appellee v. New York State Department of Correctional Services, Brian Fischer…
June 20, 2013719 F.3d 127
The Second Circuit reversed the district court's denial of summary judgment and held that DOCS officials Fischer, Joy, and Chalk are entitled to qualified immunity against Steven Spavone's § 1983 claims that the denial of a medical leave of absence for community-based PTSD treatment violated his equal protection and…
2nd Cir.Raymond Grullon, Plaintiff-Appellant v. City of New Haven, New Haven C.c.c. Facility, and Warden, New Haven C.c.c…
June 19, 2013720 F.3d 133
The Second Circuit vacated the district court's with-prejudice dismissal of a pro se pretrial detainee's individual-capacity section 1983 claims against the New Haven Correctional Center Warden and remanded, while affirming the dismissals of the claims against the City, the Correctional Center, and the Warden in his…
The court held that Walker plausibly alleged that the combined conditions in his six-person cell deprived him of basic necessities and that prison officials knew of and disregarded the resulting risks.
2nd Cir.Renee Mihalik, Plaintiff-Appellant v. Credit Agricole Cheuvreux North America, Incorporated, Defendant-Appellee
April 26, 2013715 F.3d 102
The Second Circuit vacated summary judgment dismissing Renee Mihalik's New York City Human Rights Law claims of gender discrimination and retaliation against her former employer Credit Agricole Cheuvreux, ruling that the district court erred by applying federal Title VII frameworks instead of analyzing the NYCHRL…
The court vacated the district court’s judgment and remanded for further proceedings because the ALJ’s rejection of fibromyalgia and finding that Selian could perform light work lacked substantial evidence, and because the ALJ did not determine whether Selian’s reaching limitation was negligible before relying on the…