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

In this case, the United States Court of Appeals for the Second Circuit affirmed a decision from the United States District Court for the District of Vermont. The defendant, Cory Johnson, had been convicted for the production of child pornography and challenged his conviction on the basis of a motion to suppress evidence and a motion to dismiss the indictment.The evidence in question was a video depicting the sexual abuse of a toddler, which had been found following a review of digital data seized from Johnson's devices. This review had taken place after his sentencing for an earlier prosecution. Johnson argued that this review violated his Fourth Amendment rights, as it had taken place after the sentencing and had looked for evidence of a new crime. The court disagreed, ruling that the review was within the scope of the original search warrant and did not violate the Fourth Amendment.Johnson also argued that his second prosecution was barred by his earlier plea agreement. He contended that the plea agreement prohibited future prosecution for offenses "known to the United States as of the date it signed the agreement." The court, however, found that the government had not been aware of Johnson’s sexual abuse of his daughter and his production of child pornography at the time of the agreement. Thus, the plea agreement did not preclude his subsequent prosecution for these crimes.In conclusion, the court affirmed Johnson's conviction. View "United States v. Johnson" on Justia Law

The United States Court of Appeals for the Second Circuit addressed a dispute involving the Triborough Bridge and Tunnel Authority (TBTA) and several plaintiffs who had been fined for failing to pay tolls at TBTA crossings. The plaintiffs claimed that the fines were unconstitutional under the Eight Amendment’s Excessive Fines Clause and that TBTA was unjustly enriched under New York law. The court considered the case on appeal from the United States District Court for the Southern District of New York, which had granted summary judgment in favor of TBTA. The Court of Appeals affirmed the lower court's decision.The plaintiffs had failed to pay their tolls for various reasons, such as receiving bills at old addresses or having malfunctioning transponders. They then received substantial fines, which they eventually paid at reduced amounts. The main issue was whether these fines were excessive in relation to the seriousness of the offenses. The court applied the four-factor test from United States v. Bajakajian, which considers the nature of the offense, whether the defendant fits into the class of persons the law was designed for, the maximum potential sentence and fine, and the harm caused by the defendant's conduct.The court found that the fines were not excessive. It pointed out that the plaintiffs' violations were not willful or fraudulent, and that the fines were in line with those for similar offenses in other states. The court also noted that the fines helped TBTA prevent the harms it would suffer if people did not pay their tolls.Regarding the unjust enrichment claim, the court concluded that the plaintiffs had not shown that it was inequitable for TBTA to retain the fines. The plaintiffs' non-payment of tolls had violated TBTA regulations, and it was not inequitable for such violations to result in fines. Therefore, the court affirmed the lower court's grant of summary judgment in favor of TBTA on the unjust enrichment claims as well. View "Reese v. Triborough Bridge and Tunnel Authority" on Justia Law

In the case involving the Restaurant Law Center and the New York State Restaurant Association against the City of New York and the Commissioner of the City’s Department of Consumer and Worker Protection, the plaintiffs challenged a New York City law prohibiting the wrongful discharge of fast-food restaurant employees. The plaintiffs argued that the law was preempted by federal law and violated the dormant Commerce Clause of the United States Constitution.The United States Court of Appeals for the Second Circuit affirmed the decision of the United States District Court for the Southern District of New York, which had granted the defendants’ motions for summary judgment. The appellate court concluded that the city's Wrongful Discharge Law did not violate federal law nor the United States Constitution.The court held that New York’s Wrongful Discharge Law was not preempted by the National Labor Relations Act (NLRA) because it established minimum labor standards that regulated the substance, rather than the process, of labor negotiations. The court also held that the law did not violate the dormant Commerce Clause of the U.S. Constitution, which acts as a safeguard against economic protectionism. The court found that the law did not discriminate against interstate commerce either on its face, in its purpose, or in its practical effect. View "Restaurant Law Center v. City of New York" on Justia Law

In 2011, Veronica-May Clark, an incarcerated transgender woman, was repeatedly sexually assaulted by corrections officer Thomas Hanley. More than seven years after the abuse, Clark filed a lawsuit against Hanley and other officers, alleging violations of her Eighth Amendment rights and seeking equitable tolling of the statute of limitations due to the traumatic effects of the abuse. After holding an evidentiary hearing on the issue of equitable tolling, the United States District Court for the District of Connecticut (Meyer, J.) denied Clark's claim for equitable tolling and dismissed her case as untimely. Clark appealed, claiming that the court improperly conducted factfinding at the pleading stage and violated her Seventh Amendment rights. The United States Court of Appeals for the Second Circuit affirmed the district court's ruling, finding that the court properly resolved Clark's equitable tolling claim and did not infringe her Seventh Amendment rights. View "Clark v. Hanley" on Justia Law

The case involved a group of firearm and ammunition dealers and a business organization who appealed a decision by the United States District Court for the Northern District of New York. The appellants claimed that New York's commercial regulations on the sale of firearms and ammunition violated their customers' Second Amendment rights and that several provisions of New York law conflicted with federal law. Additionally, they claimed they lacked standing to challenge New York’s licensing scheme for semiautomatic rifles, its background-check requirement for ammunition purchases, and its firearm training requirement for concealed-carry licenses. The United States Court of Appeals for the Second Circuit affirmed the district court's decision, holding that the appellants failed to present evidence to support their claims. The court also affirmed that the appellants lacked standing to challenge the regulations as individuals. View "Gazzola v. Hochul" on Justia Law

In a consolidated case before the United States Court of Appeals for the Second Circuit, plaintiffs Ivan Antonyuk, Corey Johnson, Alfred Terrille, Joseph Mann, Leslie Leman, Lawrence Sloane, Jimmie Hardaway Jr., Larry A. Boyd, Firearms Policy Coalition Inc., Second Amendment Foundation Inc., Brett Christian, Micheal Spencer, and His Tabernacle Family Church Inc., sought to challenge certain provisions of New York's Concealed Carry Improvement Act ("CCIA"). The CCIA regulates the public carriage of firearms and includes licensing requirements and prohibitions on carrying firearms in "sensitive" and "restricted" locations. The plaintiffs argued that the provisions violated their First and Second Amendment rights.The court affirmed the preliminary injunction against the enforcement of certain provisions of the CCIA, but vacated the injunction in other respects. Specifically, the court upheld district court's injunctions with respect to the social media disclosure requirement, the application of restricted locations provision to private property open to the general public, and the application of the same provision to Pastor Spencer, the Tabernacle Family Church, its members, or their agents and licensees.However, the court vacated the injunctions in all other respects, concluding that either the district court lacked jurisdiction or that the challenged laws do not violate the Constitution on their face. The court rejected the plaintiffs' challenges to the CCIA's licensing requirements and sensitive locations provisions, holding that the laws did not infringe on the plaintiffs' Second Amendment rights.The court also held that the CCIA's restricted locations provision, which makes it a crime to possess firearms in a "restricted location", did not violate the plaintiffs' First and Second Amendment rights. Instead, the court found the provision to be a reasonable regulation consistent with the Second Amendment's protection of the right to keep and bear arms.The court's decision affirms in part, vacates in part, and remands the case for further proceedings. View "Antonyuk v. Chiumento" on Justia Law

Anthony Christopher Mendonca was convicted by a jury in the United States District Court for the Eastern District of New York for one count of possession of child pornography. He appealed, arguing that his Sixth Amendment right to a public trial was violated due to the public being excluded from substantial portions of his jury selection due to restrictions during the COVID-19 pandemic. He also argued that his inculpatory statements were coerced by law enforcement’s suggestion that he had “failed” a polygraph exam. Both challenges were not properly preserved in the lower court and therefore the United States Court of Appeals for the Second Circuit applied a plain-error review, ultimately affirming the judgment of the district court. The court emphasized the unique challenges posed by the pandemic and the effort made by the lower court to conduct a fair trial under these constraints. The court also found no clear or obvious error in the lower court's decision to admit Mendonca's incriminatory statements. View "United States of America v. Mendonca" on Justia Law

In the case between Vans, Inc., VF Outdoor, LLC (collectively "Vans") and MSCHF Product Studio, Inc. ("MSCHF"), the United States Court of Appeals For the Second Circuit affirmed the district court's decision to grant a temporary restraining order and preliminary injunction against MSCHF. MSCHF had created a sneaker, the Wavy Baby, which appeared to mimic Vans' Old Skool shoe. Vans sued MSCHF for trademark and trade dress infringement. MSCHF argued that its use of Vans' marks was protected by the First Amendment. However, the Court of Appeals applied the recent Supreme Court decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, which held that special First Amendment protections do not apply when trademarks are used as source identifiers. The Court of Appeals concluded that Vans was likely to prevail in arguing that MSCHF's Wavy Baby shoes used Vans' marks and trade dress as source identifiers, and that there was a likelihood of confusion as to the source of the Wavy Baby shoes. The court also affirmed the district court's decisions requiring MSCHF to escrow its revenues from Wavy Baby sales and not requiring a bond determination because MSCHF never requested security. View "Vans, Inc. v. MSCHF Product Studio, Inc." on Justia Law

A jury convicted Defendant of one count of financial institution bribery in violation of Section 215(a)(2) and one count of conspiracy to commit financial institution bribery. The district court sentenced Defendant to a term of 366 days’ imprisonment, followed by two years’ supervised release, and imposed a $1.25 million fine. On appeal, Defendant raiseed four challenges. First, Defendant challenged (a) what constitutes “corrupt” conduct under Section 215(a); (b) what constitutes a “thing of value” under Section 215(a); and (c) how to determine the monetary value of a “thing of value” under Section 215(a), all elements of the crime. Second, Defendant argued that there is insufficient evidence in the record to uphold his convictions. Third, Defendant argued that the district court’s jury instructions were erroneous. Fourth, Defendant claimed that the district court failed to exclude prejudicial testimony that the prosecution allegedly procured through the improper use of a grand jury subpoena.   The Second Circuit affirmed and concluded that Defendant’s challenges are without merit. First the court explained that “corrupt” conduct describes actions motivated by an improper purpose, even if such actions (a) did not entail a breach of duty, and (b) were motivated in part by a neutral or proper purpose, as well as by an improper purpose. Second, that a “thing of value” may cover subjectively valuable intangibles, such as political assistance, including endorsements, guidance, and referrals. Third, that the “thing of value” may be measured by its value to the parties, by the value of what it is exchanged for, or by its market value. View "United States v. Calk" on Justia Law

Plaintiff, who was formerly incarcerated at Downstate Correctional Facility, brought claims under 42 U.S.C. Section 1983 against the officers for violating his First Amendment right to the free exercise of religion. Plaintiff named as defendants additional corrections officers. He alleged that the officers violated his First Amendment right to the free exercise of religion by preventing him from observing the Jewish holiday of Shavuot on two consecutive evenings. The district court granted summary judgment to the officers because (1) some named officers were not personally involved in the alleged violation on the first night of Shavuot, and (2) Plaintiff’s observance of the second night of the holiday was only shortened, not denied entirely, which did not rise to the level of a “substantial burden” on his religious beliefs.   The Second Circuit vacated in part and affirmed in part the judgment of the district court. The court wrote that the district court erred in holding that Plaintiff could not prevail on his claim because he did not make the threshold showing of a “substantial burden” on his religious beliefs. Such a showing is not required. Rather, because Plaintiff has shown a burden on his sincere religious beliefs, he has established a genuine issue of material fact sufficient to defeat a motion for summary judgment. The court vacated the judgment insofar as the district court granted summary judgment because of a purported “substantial burden” requirement, and affirmed the judgment insofar as the district court granted summary judgment to those officers for whom there was no evidence of personal involvement. View "Kravitz v. Purcell" on Justia Law