Search for: "Kearse v. Walker" Results 1 - 20 of 25
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14 Feb 2024, 7:08 am by Second Circuit Civil Rights Blog
Merrens did not discuss this with her.Reversing summary judgment on the disability discrimination claim, the Court of Appeals (Kearse, Walker and Livingston) notes that Dr. [read post]
27 Mar 2023, 6:28 am by Second Circuit Civil Rights Blog
This is an easy call for the Court of Appeals (Walker, Sullivan and Kearse in partial dissent), as the Court already said in 2013 in this very case that the defendant cannot invoke qualified immunity based on the Court's 2006 ruling in Early. [read post]
11 Sep 2022, 8:40 am by Second Circuit Civil Rights Blog
That verdict is now gone, the victim of both the Prison Litigation Reform Act and qualified immunity.The case is Walker v. [read post]
18 Mar 2022, 7:15 am by Second Circuit Civil Rights Blog
Plaintiff's motion under Rule 60(b)(6) to reopen the case was denied.The Court of Appeals (Kearse, Walker and Livingston) reverses and finds for the plaintiffs. [read post]
7 Jun 2017, 6:04 am by Second Circuit Civil Rights Blog
Yet another Second Circuit ruling reminds us how difficult is is to show that you suffered discrimination because other guys at work who also broke the rules were not punished.The case is Diggs v. [read post]
6 Jun 2016, 6:56 am by Second Circuit Civil Rights Blog
The Court of Appeals (Cabranes, Walker and Kearse in dissent) says, "All in all, the photos of the child were so disturbing, and the circumstances so bizarre, that it cannot be said that no reasonable officer could have rejected Saenz’s explanation notwithstanding its arguable consistency with the known facts. [read post]
9 Dec 2015, 1:21 pm by Second Circuit Civil Rights Blog
The Court of Appeals (Kearse, Walker and Cabranes) says there is no appellate jurisdiction to hear the case.Much to the frustration of unhappy litigants who want to appeal any ruling that goes against them, you cannot appeal a ruling in federal court until the entire case is over. [read post]
11 Aug 2015, 7:35 am by Second Circuit Civil Rights Blog
They cannot, the Second Circuit (Parker, Walker and Kearse) holds for the first time.Rule 10(c) allows courts to consider "written instruments" that are attached to the complaint in resolving Rule 12 motions. [read post]
7 May 2012, 6:45 am by Second Circuit Civil Rights Blog
"The Second Circuit (Kearse, Raggi and Walker) rejects the district court's analysis, i.e., that a jury cannot find that Washington did this to Redd because of Redd's gender, and that these were "relatively minor, incidental physical contact[s]. [read post]