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   Federal Courts - 2nd Circuit Court of Appeals - January 12, 2006

  
Duguie v. City of Burlington, No. 05-0884, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 12, 2006, Decided
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Overview: A few isolated incidents where male police officers came into the locker room and began to undress or urinate while plaintiff female janitors were cleaning was not sufficiently severe to create a hostile work environment, and defendant city was entitled to summary judgment on plaintiffs' hostile work environment claims.

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Hardy v. Conway, No. 04-0934-pr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 12, 2006, Decided
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Overview: Pro se prisoner's habeas petition was remanded to the district court to determine when he gave the petition to prison officials and to treat the petition on the merits if the prisoner mailbox rule applied where the appellate court was unable to discern from the record when the prisoner gave his petition to prison officials.

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Ming Xia Chen v. Bd. of Immigration Appeals, Docket No. 03-41012, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 12, 2006, Decided
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Overview: Alien, a native and citizen of the People's Republic of China, was denied a petition for review of the denial of her asylum and withholding of removal petition. Substantial evidence under 8 U.S.C.S. § 1252(b)(4)(B) supported an IJ's finding that the alien's testimony as to how authorities found her and how she escaped detention was not credible.

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Sai Fang Weng v. Gonzales, No. 04-1330-ag NAC, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 12, 2006, Decided
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Overview: Substantial evidence supported denial of asylum based on adverse credibility finding given inconsistencies between testimony and husband's asylum application, as alien repeatedly denied having adopted child until she was confronted with husband's application that stated they had adopted child and that provided detailed information regarding child.

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Williams v. Wright, No. 05-0257-pr, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 12, 2006, Decided
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Overview: State corrections department doctors and others were properly granted summary judgment in an inmate's suit. The inmate failed to show deliberate indifference to a serious medical condition as he received regular treatment, and delay in arranging hip replacement surgery was due in part to the inmate's insistence that it occur at a certain hospital.

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Yoonessi v. N.Y. State Bd. for Prof'l Med. Conduct, No. 05-2043, UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, January 12, 2006, Decided
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Overview: Appellate court concluded that the lawsuit of a doctor who alleged that a state department of health, and a board of professional conduct, among others, unconstitutionally deprived him of his medical license, was properly dismissed substantially for the reasons set forth by the district court in its opinion.

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