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

Brief

42 Cited authorities

  1. Wolff v. McDonnell

    418 U.S. 539 (1974)   Cited 19,221 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

  2. Triestman v. Federal Bureau of Prisons

    470 F.3d 471 (2d Cir. 2006)   Cited 7,571 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"

  3. Johnson v. Zerbst

    304 U.S. 458 (1938)   Cited 8,796 times   19 Legal Analyses
    Holding that a waiver of constitutional rights must be knowing and intelligent

  4. 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

  5. Love v. Pullman Co.

    404 U.S. 522 (1972)   Cited 745 times
    Holding that a Title VII claimant need not re-file a charge after termination of state proceedings

  6. 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"

  7. Brownell v. Krom

    446 F.3d 305 (2d Cir. 2006)   Cited 335 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

  8. Ruotolo v. I.R.S

    28 F.3d 6 (2d Cir. 1994)   Cited 307 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

  9. 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

  10. Coleman v. Daines

    2012 N.Y. Slip Op. 7222 (N.Y. 2012)   Cited 113 times
    Discussing a "hybrid CPLR article 78 proceeding and 42 USC § 1983 action"

  11. Section 470.05 - Determination of appeals; general criteria

    N.Y. Crim. Proc. Law § 470.05   Cited 14,273 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."

  12. 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”

  13. Section 5602 - Appeals to the court of appeals by permission

    N.Y. CPLR 5602   Cited 1,154 times
    Discussing appeals by permission to New York Court of Appeals

  14. 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