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| Cunningham v. Dep't of Corr. Servs., No. 05-5072-pr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 16, 2007, Decided
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Overview: In a § 1983 case, late disclosure of documents by state regarding a grievance filed by plaintiff prisoner complaining about denial of a second and third Bicillin injections frustrated effective review by district court of the motion to dismiss and any potentially applicable equitable defenses. Thus, dismissal order was vacated and case remanded.
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| Guerrero v. Lowe' S Home Ctrs., Inc., No. 06-5894-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 16, 2007, Decided
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Overview: An employer was properly granted summary judgment in an employee's Title VII sexual harassment lawsuit because the employee failed to present a triable issue of fact as to whether there was a hostile work environment, particularly as there was no single incident of sex-related conduct, which was sufficiently severe to be considered pervasive.
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| Haxhiu v. Mukasey, 07-1092-ag, NAC,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 16, 2007, Decided
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Overview: BIA's denial of asylum and withholding of removal was supported by substantial evidence because petitioner, a citizen of Albania, failed to establish that any harm he suffered was on account of a protected ground. There was no evidence that petitioner's actions or the threats he received were based on his prior membership in the Democratic Party.
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| Li v. Mukasey, No. 05-6049-ag,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 16, 2007, Decided
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Overview: Under 8 U.S.C.S. § 1252(b)(4)(B), substantial evidence supported IJ's denial of asylum to Chinese applicant. Although IJ incorrectly adverted to applicant's inability to answer questions about Christian doctrine, IJ properly found that applicant lacked credibility based on applicant's inability to provide details about his practice of Christianity.
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| Massi v. Flynn, No. 06-2497-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 16, 2007, Decided
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Overview: Court affirmed denial of summary judgment based on qualified immunity to a police chief in a police sergeant's § 1983 action against the chief where the court could not say that sergeant did not allege that he was treated differently from another officer who was similar enough to plaintiff to support a claim of violation of clearly established law.
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| Metlife Secs. v. Bedford, No. 06-5258-cv,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 16, 2007, Decided
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Overview: Appellant's argument that the district court issued an oral order vacating arbitration award and then reversed itself in a written decision, thereby causing prejudice to appellant, was without merit, as well as its argument that the district court improperly applied the interest rate awarded by arbitration panel to period after award was entered.
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| United States v. Baker, No. 05-4693-cr,
UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT, November 16, 2007, Decided
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Overview: Court remanded defendant's case for resentencing where district court failed to fully analyze positions presented by defense counsel and factors noted in 18 U.S.C.S. § 3553(a), and did not indicate why Guidelines sentence was appropriate, as required by § 3553(c). Proper appellate review of reasonableness of defendant's sentence was thus precluded.
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