United States

City of Portland v. Zurita-Cortes - Criminal Appeal

The Oregon Court of Appeals affirmed the conviction of Alexander Zurita-Cortes in City of Portland v. Zurita-Cortes. The court issued a nonprecedential memorandum opinion, citing previous case law to support its decision.

Dept. of Human Services v. A. A. C. - Juvenile Dependency Case

The Oregon Court of Appeals reversed and remanded the juvenile dependency case of Dept. of Human Services v. A. A. C. The court found that the trial court erred by asserting jurisdiction over the child based on grounds related to only one of the child's two parents. The case was sent back for correction of this defect.

Parker v. Alexander - NY Laws vs NYC Law Preemption

The Second Circuit Court of Appeals has certified a question of New York law to the New York Court of Appeals regarding the preemption of the New York City Victims of Gender-Motivated Violence Protection Law by the state's Child Victims Act and Adult Survivors Act. This decision stems from an appeal concerning claims previously barred by statute of limitations, which were revived under the city law.

Leadenhall Capital Partners LLP v. Advantage Capital Holdings, LLC - Preliminary Injunction Appeal

The Second Circuit Court of Appeals vacated a district court's preliminary injunction that froze the assets of guarantors in a debt collection case. The court found that the lenders had not demonstrated a sufficient legal or equitable interest in the guarantors' assets to justify the freeze, referencing the Supreme Court's decision in Grupo Mexicano De Desarrollo, S.A. v. Alliance Bond Fund, Inc.

Russell v. Scott - Constitutional Rights Violation by Corrections Officer

The Second Circuit Court of Appeals affirmed the denial of qualified immunity to corrections officer Jason Scott in a case alleging sexual abuse of a pretrial detainee. The court clarified the distinct legal standards for Fourteenth Amendment claims by pretrial detainees versus Eighth Amendment claims by convicted prisoners.

Second Circuit Court Opinions for Cases 23-258 and 23-354

The Second Circuit Court of Appeals denied a petition for rehearing en banc in cases 23-258 and 23-354. The denial was accompanied by opinions from judges concurring and dissenting on the decision.

Suarez v. Sullivan - Eighth Amendment Conditions of Confinement and Medical Needs

The Second Circuit Court of Appeals vacated a district court's grant of summary judgment in Suarez v. Sullivan, et al. The court found genuine disputes of material fact regarding the defendants' alleged deliberate indifference to the plaintiff's Eighth Amendment rights concerning conditions of confinement and medical needs. The case is remanded for further proceedings.

Sufiyan v. Bondi - Asylum, Withholding of Removal, and CAT

The Second Circuit Court of Appeals granted in part and denied in part a petition for review of a Board of Immigration Appeals (BIA) decision. The court remanded the case to the BIA to determine if the petitioner would be eligible for asylum or withholding of removal but for the material support bar, while denying review of the CAT claim.

Jin v. City of New York - Qualified Immunity Appeal

The Second Circuit Court of Appeals reversed a lower court's decision, holding that New York City Police Officers are entitled to qualified immunity in a false arrest claim brought by Guo Hua Jin. The court found that arguable probable cause existed for the arrest, and that domestic violence reports should be assessed similarly to other criminal activity.

Sacaza v. City of New York - Qualified Immunity Ruling

The Second Circuit Court of Appeals reversed a district court's denial of summary judgment for a New York City detective, finding he had arguable probable cause for arrest and prosecution. The ruling impacts qualified immunity defenses in false arrest and malicious prosecution claims.