Wednesday, May 11th, 2016

Two Interesting District Court Civil Cases Regarding Informants

For the third day in a row, there were no criminal decisions or summary orders from the Second Circuit.

We thought these two civil cases related to government informants were interesting.

Last week, in Barone v. United States, 12-cv-04103, SDNY Judge Lewis A. Kaplan allowed a Bivens claim brought by a former FBI informant to proceed on a “theory that the FBI defendants purposeful and punitively leaked [the informant’s] status, which, in turn, caused the general prison population to be unsafe,” and required BOP officials to confine the informant in the special housing unit.  You can read Judge Kaplan’s opinion here.  The New York Law Journal has coverage here.

Yesterday, in In re Motion for Civil Contempt by John Doe, 12-mc-0557, EDNY Judge Brian M. Cogan ordered the unsealing of many documents related to civil contempt proceedings brought by a former cooperating witness against attorneys who revealed his status as a cooperator, his presentence report, and his plea agreement.  The Associated Press intervened in the suit and requested the unsealing.  The New York Law Journal has coverage here.

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