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Tuesday, March 20, 2012

Court of Appeals Faults Trial Judge For Curt Ways

Court Is Faulted for 'Extreme Brevity' in Dismissing Suit
The New York Law Journal by Joel Stashenko  -  March 13, 2012

The U.S. Court of Appeals for the Second Circuit has faulted a trial judge for "extreme brevity" in throwing out the lawsuit of an inmate against a doctor. The circuit remanded Hilton v. Wright, 10-135-cv(L)/10-2245-cv (Con), to Northern District Judge David N. Hurd to conduct a proper analysis. The judge had granted summary judgment to the defendants on the plaintiffs' request for damages against Dr. Lester N. Wright.  Dr. Wright and the state prison system were sued for allegedly failing to provide timely treatment for inmates with Hepatitis C. The inmates claimed they were denied antiviral drugs until they enrolled in anti-substance abuse programs, even though some inmates were denied entry into the programs if they were soon to be released. The suit was settled as a class action, and the treatment delays were stopped. But the circuit said Judge Hurd "disposed of" the damages claim against Dr. Wright in one paragraph by finding that plaintiffs failed to establish they suffered serious health problems due to the drug treatment rules, and that Dr. Wright enjoyed qualified immunity. The circuit also directed Judge Hurd to reconsider whether the plaintiffs were entitled to $14,000 in legal fees. Judges Ralph K. Winter, Rosemary S. Pooler and Peter W. Hall joined the unsigned March 9 opinion.

5 comments:

pissed said...

While regular folks have no rights in this country anymore, incarcerated people- even innocent ones- have even less rights and less access to their courts. "Day in Court" and "Due Process Under the Law" don't exist anymore, it's all an insiders' club. Throw this judge off the bench.

Anonymous said...

This is quite unbelievable. A Federal Court actually heard a case.

Unfortunately, this probably meet there once a decade quota of conducting any type of legal proceeding.

Anonymous said...

Must be a payoff or a favor for a lawyer; the Second circuit rejects a summary judgment.

Anonymous said...

(W)right is and has been WRONG for along time! These jerks get the black robes and they go nuts!

Searching For Rule Of Law In America said...

yes... this is quite amazing... the same panel affirmed the district court's dismissal of my action against judge Latia W. Martin, attorney Janette A. Baxter, et al, mis-using Rooker-Feldman as justification to avoid the matter ever going to trial...

they gave me a grand total of 5 minutes to argue the matter (petition for more time denied twice), yet they characterize the actions of this judge as being extremely breif!!

absolutely amazing...

there must be more to this than meets the eye...

two sets of standards are obvious when compared to my matter... stuff like this has got to stop...

thanks for posting this... legal action against these justices is in the works...

http://blackwallofsilencepart1.blogspot.com/

--Michael A. Hense - Searching For Rule Of Law In America

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