Archive | adult offense

Monday, October 28th, 2019

Second Circuit affirms grant of summary judgment dismissing claim of excessive force in handcuffing on grounds of qualified immunity, but notes that the right to raise such a claim is now “clearly established” law.

On October 25, 2019, the Second Circuit, in an opinion by Judge Sack (joined by Judge Hall and Judge Droney), concluded that an excessive force claim under the Fourth Amendment can be established based on excessive use of force in handcuffing, even where the plaintiff signaled discomfort during the handcuffing only through brief and non-verbal manifestations. However, the Court nonetheless affirmed the grant of summary judgment in favor of the defendants and dismissed the plaintiff’s action under 42 U.S.C. § 1983 because it was not “clearly established law” at the time of the officer’s actions that a plaintiff who did not verbally complain or request to have her handcuffs adjusted or removed could recover on a handcuffing-based excessive force claim. Therefore, the officer was entitled to qualified immunity, and the Court affirmed the district court’s grant of summary judgment for the defendants.

In Cugini v. City of New York, __ …

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Categories: Fourth Amendment, Police Misconduct, Uncategorized

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Saturday, October 6th, 2007

Why Oh, Why Oh, Y.O?

United States v. Jackson, Docket No. 06-5928-cr (2d Cir. October 5, 2007) (Miner, Cabranes, CJJ, Crotty, DJ) (per curiam)

This case continues the court’s seemingly relentless, and highly questionable, line of cases upholding the use of New York State youthful offender adjudications (“Y.O.”’s) as sentencing enhancers.

In United States v. Sampson, 385 F.3d 183 (2d Cir. 2004), the court held that a Y.O. constituted a prior drug felony for purposes of the sentencing enhancements contained in 21 U.S.C. §§ 841(b) and 851.

Here, Jackson, whose Y.O doubled a five-year mandatory minimum, tried to capitalize on a potential hole in Sampson. He argued that the Sampson court’s observation that the defendant served his Y.O. sentence in an adult institution created a requirement that district courts find this to be true before enhancing a drug sentence based on a Y.O.

The court disagreed. A finding of fact on this question is not …

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Categories: adult offense, juvenile facility, mandatory minimum, prior felony, Uncategorized, Y.O., youthful offender adjudication

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