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11 Nov 2008, 6:44 am
Over the objections of Justices Stevens and Breyer, the Supreme Court has denied cert in Kelly v. [read post]
13 Mar 2013, 6:39 am by Second Circuit Civil Rights Blog
The retaliation took the form of a transfer to another prison.The case is Smith v. [read post]
22 May 2008, 12:41 am
Although the Appellate Division noted that Garnes "was terminable without a hearing and without a statement of the reason for his dismissal," the court, citing York v McGuire, 63 NY2d 760 and Matter of Johnson v Kelly, 35 AD3d 297, said the Garnes failed to demonstrate that his termination was in bad faith, unlawful, or for an impermissible reason. [read post]
14 Mar 2007, 3:13 am
Finding nothing in the record to show that Kelly was, because of his mental illness, dangerous to himself or others within the state institution, the Court determined that he could not be forcibly medicated pursuant to Section 10-70 8 (b)(2) and (g).In a concurring opinion, Judge Alan Wilner raised a concern that the Court had addressed a broader question that the one presented in the case. [read post]