Justia U.S. 2nd Circuit Court of Appeals Opinion Summaries

Defendant was convicted after a jury trial of conspiracy to commit mail, wire, and bank fraud. On appeal, Defendant argued that her pretrial counsel was constitutionally ineffective for failing to transmit a plea offer from the government to Defendant before it expired, thereby depriving her of the chance to plead guilty under the terms of the offer.   The Second Circuit affirmed the district court’s judgment of conviction. The court concluded that Defendant has waived any claim that the alleged error violated her Sixth Amendment rights. Unlike the defendant in Frye, Defendant learned of her expired plea offer and received new court-appointed counsel two months before trial. She nonetheless chose to go to trial rather than to plead guilty or to petition the court for reinstatement of the offer. This knowing and the voluntary choice was inconsistent with seeking the benefit of the expired plea offer and thus constitutes waiver.
The court further found that the district court did not abuse its discretion by admitting evidence of Defendant’s other fraudulent activity that was similar and/or related to the charged conduct; the court did not err by allowing the government to introduce certain “red flag” emails from an outside attorney for the limited purpose of proving her knowledge, and the court’s decision to instruct the jury on conscious avoidance was proper. View "United States v. Graham" on Justia Law

Plaintiff National Rifle Association of America (the "NRA") claims that Defendant, the former Superintendent of the New York State Department of Financial Services ("DFS"), violated its rights to free speech and equal protection when she investigated three insurance companies that had partnered with it to provide coverage for losses resulting from gun use and encouraged banks and insurance companies to consider discontinuing their relationships with gun promotion organizations. The NRA contends that Defendant used her regulatory power to threaten NRA business partners and coerce them into disassociating with the NRA, in violation of its rights.   The district court dismissed the equal protection claim on the basis that Defendant was protected by absolute immunity, but it declined to dismiss the free speech claims, concluding that the NRA plausibly alleged its claims and issues of fact existed as to whether she was protected by qualified immunity.   The Second Circuit reversed and remanded. The court explained that here, the various cases addressing the issue did not provide clear and particularized guidance but involved very different circumstances and much stronger conduct. The cases do not clearly establish that Defendant’s statements, in this case, were unconstitutionally threatening or coercive. Qualified immunity balances the need to hold public officials accountable when they exercise their power irresponsibly with the need to shield officials from harassment, distraction, and liability when they perform their duties responsibly. Here, the Complaint's factual allegations show that, far from acting irresponsibly, Defendant was doing her job in good faith. View "National Rifle Association of America v. Maria T. Vullo" on Justia Law

Petitioner appealed dismissing his pro se petition for a writ of habeas corpus and an order denying his motion for reconsideration. Petitioner challenged his conviction on the ground that the state court erroneously denied his motion to suppress a gun seized during an allegedly unlawful search. Without giving Petitioner prior notice and an opportunity to be heard, the district court dismissed the petition sua sponte, concluding that his Fourth Amendment claim could not provide a basis for habeas relief under Stone v. Powell, 428 U.S. 465 (1976), because Petitioner had a full and fair opportunity to litigate the claim in state court.   At issue is (1) whether a district court may dismiss a petition sua sponte under Stone without providing a petitioner notice and an opportunity to be heard; and (2) if such notice and an opportunity to be heard are required. The Second Circuit vacated the judgment. The court held that although a district court has the authority to raise the Stone issue sua sponte, a habeas petitioner is entitled to notice and an opportunity to be heard before a petition is dismissed under Stone. The court further concluded that, in this case, the district court did not comply with that procedure, and the denial of a post-judgment motion for reconsideration, which objects to the sua sponte dismissal under Stone, is not an adequate substitute for that requirement. View "Ethridge v. Bell" on Justia Law

Defendants were charged with conspiracy to possess with intent to distribute 100 kilograms or more of marijuana. Defendants filed a joint motion to dismiss the narcotics conspiracy count on the grounds that the classification of marijuana under Schedule I of the Controlled Substances Act violates their Fifth Amendment due process and equal protection rights. They argued that marijuana's scheduling has no rational basis because it does not meet the statutory criteria for inclusion on Schedule I. The district court denied their motion to dismiss, concluding that they incorrectly sought to tether the rational basis inquiry to the statutory criteria   The Second Circuit agreed with the district court that the Act's scheduling criteria are largely irrelevant to our constitutional review because the rational basis test asks only whether Congress could have any conceivable basis for including marijuana on the strictest schedule. Because there are other plausible considerations that could have motivated Congress's scheduling of marijuana, the court concluded that its classification does not violate Defendants’ due process or equal protection rights. View "United States v. Green" on Justia Law

Plaintiff a former bus driver for Defendant Maine-Endwell Central School District (the “School District”), appealed the dismissal of his complaint by the district court. Plaintiff contends that the School District violated his First Amendment rights by retaliating against him for speech he purports to have made in his capacity as a union leader. In his complaint, however, Plaintiff merely alleged that he had argued with a School District mechanic – and later, a few School District officials – over the frequency with which bus safety issues should be reported. He did not allege that the School District’s existing policy permitted unsafe buses to remain on the roads, nor did he allege that daily reporting would improve public safety.   The Second Circuit affirmed the dismissal of his complaint, holding that Plaintiff failed to allege that he engaged in speech protected under the First Amendment. The court explained that the specific details of Plaintiff’s complaint suggest that Plaintiff’s arguments with fellow School District personnel were had in his capacity as a School District employee, not as a private citizen. Plaintiff’s primary argument to the contrary boils down to a series of assertions that he was speaking in his capacity as a union official. But even assuming these assertions are entitled to be assumed true, the court has expressly rejected any categorical rule that when a person speaks in his capacity as a union member, he speaks as a private citizen Accordingly, the court concluded that Plaintiff’s Complaint does not support a plausible inference that he spoke as a citizen, or that he spoke on a matter of public concern. View "Shara v. Maine-Endwell Cent. Sch. Dist.," on Justia Law

Petitioner appealed the district court’s judgment denying his petition for a writ of habeas corpus under 28 U.S.C. Section 2254, following his conviction in New York state court for first-degree rape. Petitioner argued principally that the state trial court violated his rights under Brady v. Maryland, 373 U.S. 83 (1963), and the Sixth Amendment’s Confrontation Clause by denying him full access to the victim-witness’s mental health records.   The Second Circuit affirmed the district court’s denial of the petition. The court held the New York Court of Appeals’ application of Brady and its progeny was not unreasonable and that there is no binding Supreme Court precedent stating that a defendant’s right to confrontation extends to pretrial discovery. The court explained that Petitioner was given a wealth of information in pretrial disclosures; the victim testified about her various mental health issues in open court; and the victim was cross-examined vigorously on her mental illness, her erratic behavior, and – by extension – her reliability. The jury nonetheless credited her testimony and convicted Petitioner. Based on the entire record, the court could not say that no fair-minded jurists would agree with the New York Court of Appeals that Petitioner received a fair trial.   Further, the court concluded that the New York Court of Appeals’ decision concerning Petitioner’s confrontation rights was “contrary to, or involved an unreasonable application of, clearly established [f]ederal law, as determined by the Supreme Court of the United States.” 28 U.S.C. Section 2254(d)(1). View "McCray v. Capra" on Justia Law

Defendants, federal prison officials, appealed a district court’s judgment awarding former prisoner $20,000 for mental and emotional injury requesting damages pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), for his imprisonment in overcrowded conditions that posed a substantial risk of serious damage to his health or safety, to which Defendants were deliberately indifferent, in violation of his rights under the Eighth Amendment to the Constitution.The Second Circuit reversed the judgment and remanded for dismissal of Plaintiff’s complaint. The court held first that the PLRA provision in 42 U.S.C. Section 1997e(e) precludes a prisoner's recovery of compensatory damages for mental or emotional injury resulting from his conditions of confinement absent a showing of physical injury. Next, Section 1997e(e) makes physical injury an element of such a claim for mental or emotional injury and is not an affirmative defense that would be subject to waiver if not presented in Defendant's answer. In light of Section 1997e(e), the jury's finding that Plaintiff failed to prove that the prison conditions of which he complained caused him physical injury precluded an award to him of compensatory damages for such mental or emotional injury as the jury found he suffered based on the conditions it found existed.Moreover, even if the jury's findings of fact warranted a conclusion that Plaintiff’s Eighth Amendment rights were violated by deliberate indifference to cruel and unusual psychological punishment caused by overcrowding, Defendants are entitled to qualified immunity from such an award. View "Walker v. Schult" on Justia Law

The American subsidiary of Alstom Power, Inc. (“API”), a global power and transportation services company, hired two consultants to bribe Indonesian officials to help secure a $118 million power contract. Defendant, who worked in Paris for API’s United Kingdom subsidiary, was allegedly responsible for approving the selection of the consultants and authorizing payments to them. For his role in the alleged bribery scheme, Defendant was charged in an American court with (among other things) violating the Foreign Corrupt Practices Act  (“FCPA”), which makes it unlawful for officers, directors, and agents “of a domestic concern” to use interstate commerce corruptly to bribe or attempt to bribe foreign officials. Defendant appealed. Defendant moved for acquittal, arguing he was not an agent within the meaning of the FCPA. The district court granted that motion; the government appealed and Defendant cross-appealed.The Second Circuit affirmed the district court’s ruling holding that the district court properly acquitted Defendant under Rule 29 because there was no agency or employee relationship between Defendant and API. The court also affirmed on the cross‐appeal, finding no error in either the district court’s speedy trial analysis or its jury instructions.     The court explained that while there is some evidence that Defendant supported API in his working relationship with the corporation, it is not sufficient to establish that API exercised control over the scope and duration of its relationship with Defendant. Further, the district court’s analysis of the Barker factors and dismissal of Defendant’s Sixth Amendment claim falls “within the range of permissible decisions. View "United States v. Hoskins" on Justia Law

The case concerns the extent of an employer’s obligation to provide accommodations to a job applicant with a disability under section 504 of the Rehabilitation Act of 1973 (incorporating the standard set forth in Title I of the Americans with Disabilities Act) and under generally parallel state and city law. Plaintiff alleged that MTA Bus discriminated against him on the basis of his disability when it denied him the assistance of an American Sign Language interpreter for its knowledge-based pre-employment examination. The district court ruled that Plaintiff must show that he was “otherwise qualified” for the Assistant Stockworker position to maintain his Rehabilitation Act claim and that, at summary judgment, Plaintiff had not met this requirement.The Second Circuit affirmed. The court first considered whether an applicant who cannot establish a genuine issue of material fact as to whether he is “otherwise qualified” for the desired employment position can survive summary judgment on a failure-to-accommodate claim arising from the employer’s pre-employment testing protocols. Second, the court examined whether Plaintiff made such a showing as to the Assistant Stockworker position that he sought.The court explained that there is no genuine dispute that Plaintiff—entirely independent from his hearing impairment—did not have the experience required to qualify for the desired position. MTA Bus put forth evidence that Defendant was not qualified for the Associate Stockworker position and Defendant has failed to identify any material facts in rebuttal. View "Williams v. MTA Bus Co." on Justia Law

A jury convicted Defendant of conspiracy to commit armed bank robbery; armed bank robbery; and brandishing a firearm during a crime of violence. He was sentenced to 219 months in prison. Defendant appealed, challenging the district court’s denial of his motion for a new trial based on his counsel’s purported ineffective assistance in (a) failing to move to suppress Defendant’s pre-Miranda statement to an agent of the Federal Bureau of Investigation and (b) conceding to the jury that Defendant was outside the bank when it was robbed. Defendant also challenged the sufficiency of the evidence and argues that his sentence was procedurally and substantively unreasonable.   The Second Circuit affirmed the judgment of the district court. The court held that Defendant was not prejudiced by his trial counsel’s failure to move for suppression of his pre-Miranda statement to the FBI, where he made a similar post-Miranda statement that was undisputedly admissible. Further, that Defendant’s counsel did not provide objectively deficient performance when he conceded before the jury that Defendant was outside the bank on the day it was robbed, in light of Defendant’s post-Miranda admission, and abundant witness testimony placing Defendant outside the bank as a lookout. Moreover, there was sufficient evidence to support Defendant’s convictions and his sentence was procedurally reasonable. The district court did not clearly err in applying sentencing enhancements based on its conclusion that, given the circumstances in this case, it was reasonably foreseeable that Defendant’s co-conspirators would use physical restraints and body armor. View "United States v. Sainfil" on Justia Law