24 Cited authorities

Wolff v. McDonnell
418 U.S. 539 (1974) Cited 19,214 times 5 Legal Analyses
Holding that declaratory judgment as a predicate to a damages award would not be barred, but that a civil rights claim that would affect the duration of incarceration is foreclosed by Preiser
Triestman v. Federal Bureau of Prisons
470 F.3d 471 (2d Cir. 2006) Cited 7,558 times
Holding that the discretionary function doctrine does not shield a "BOP employee's failure to perform a diligent inspection out of laziness, hastiness, or inattentiveness"
Weixel v. Board of Educ. of City of New York
287 F.3d 138 (2d Cir. 2002) Cited 1,195 times
Holding that seeking reasonable accommodation for disabled student's disability is protected activity under the Rehabilitation Act and ADA
Traguth v. Zuck
710 F.2d 90 (2d Cir. 1983) Cited 1,747 times
Holding that when the party against whom the default is entered is a pro se defendant, courts must be particularly sensitive to the defendant's ability to protect his or her rights
Bennett v. Goord
343 F.3d 133 (2d Cir. 2003) Cited 387 times
Holding that, because prisoner retaliation claims are prone to abuse, "we are careful to require non-conclusory allegations"
Brownell v. Krom
446 F.3d 305 (2d Cir. 2006) Cited 334 times
Holding that a grievance for recovery of lost property was insufficient to exhaust a claim for intentional mishandling of property in retaliation for protected conduct
Ruotolo v. I.R.S
28 F.3d 6 (2d Cir. 1994) Cited 305 times
Reversing summary judgment entered against pro se plaintiffs for failure to comply with court rule requiring filing of opposing memoranda within 21 days of motion, where court had not advised plaintiffs of the rule
Forsyth v. Fed'n Emp't & Guidance Serv.
409 F.3d 565 (2d Cir. 2005) Cited 162 times 2 Legal Analyses
Finding that where plaintiff's opposition papers indicated that he understood his responsibilities under Rule 56, neither the district court nor defendants were required to provide plaintiff with notice under Rule 56.2
Sharpe v. Conole
386 F.3d 482 (2d Cir. 2004) Cited 65 times
Holding that complaint filed by pro se litigant would be construed broadly and interpreted "to raise the strongest arguments it suggests"
Mars Assocs v. Educ. Constr
126 A.D.2d 178 (N.Y. App. Div. 1987) Cited 69 times
Explaining that third-party actions for indemnity under New York law are an exception from ripeness requirement
Section 470.05 - Determination of appeals; general criteria
N.Y. Crim. Proc. Law § 470.05 Cited 14,272 times
Providing that a question of law is presented when "a protest thereto was registered, by the party claiming error, at the time of such ruling . . . or at any subsequent time when the court had an opportunity of effectively changing the same."
Section 5501 - Scope of review
N.Y. CPLR 5501 Cited 7,193 times 2 Legal Analyses
Stating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”
Section 4017 - Objections
N.Y. CPLR 4017 Cited 162 times
Formal exceptions to rulings of the court are unnecessary. At the time a ruling or order of the court is requested or made a party shall make known the action which he requests the court to take or, if he has not already indicated it, his objection to the action of the court. Failure to so make known objections, as prescribed in this section or in section 4110-b, may restrict review upon appeal in accordance with paragraphs three and four of subdivision (a) of section 5501. N.Y. CPLR 4017

In the Matter of Jevon Henry, Appellant,v.Brian Fischer,, Respondent.

24 Cited authorities

Holding that declaratory judgment as a predicate to a damages award would not be barred, but that a civil rights claim that would affect the duration of incarceration is foreclosed by Preiser

Holding that the discretionary function doctrine does not shield a "BOP employee's failure to perform a diligent inspection out of laziness, hastiness, or inattentiveness"

Holding that seeking reasonable accommodation for disabled student's disability is protected activity under the Rehabilitation Act and ADA

Holding that when the party against whom the default is entered is a pro se defendant, courts must be particularly sensitive to the defendant's ability to protect his or her rights

Holding that, because prisoner retaliation claims are prone to abuse, "we are careful to require non-conclusory allegations"

Holding that a grievance for recovery of lost property was insufficient to exhaust a claim for intentional mishandling of property in retaliation for protected conduct

Reversing summary judgment entered against pro se plaintiffs for failure to comply with court rule requiring filing of opposing memoranda within 21 days of motion, where court had not advised plaintiffs of the rule

Finding that where plaintiff's opposition papers indicated that he understood his responsibilities under Rule 56, neither the district court nor defendants were required to provide plaintiff with notice under Rule 56.2

Holding that complaint filed by pro se litigant would be construed broadly and interpreted "to raise the strongest arguments it suggests"

Explaining that third-party actions for indemnity under New York law are an exception from ripeness requirement

Providing that a question of law is presented when "a protest thereto was registered, by the party claiming error, at the time of such ruling . . . or at any subsequent time when the court had an opportunity of effectively changing the same."

Stating that the “shocks the conscience” standard “was relaxed in 1986 in tort actions, including the common personal injury and wrongful death actions in which additur and remittitur are most often seen”