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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING

Regular Panel Decision

Socialist Workers Party v. Attorney General of United States

This case centers on an action brought by the Socialist Workers Party (SWP) and its youth arm, the Young Socialist Alliance (YSA), against the United States and various government officials. The plaintiffs alleged pervasive illegal activities by the FBI and other federal agencies, including systematic harassment, infiltration, disruption, and surveillance. The court found that the FBI engaged in unconstitutional disruption activities and surreptitious entries, and improperly used informants to gather private information on lawful political activities. As a result, the SWP and YSA were awarded $264,000 in damages under the Federal Tort Claims Act. However, claims for electronic surveillance damages and damages sought by individual plaintiffs were dismissed, and most requests for broad declaratory and injunctive relief were denied, except for an injunction ordering the segregation and limited dissemination of illegally obtained government documents.

FBI MisconductGovernment SurveillancePolitical OrganizationsFirst Amendment RightsCivil Rights LitigationFederal Tort Claims ActInfiltrationDisruption ProgramsSurreptitious EntriesInformants

References

141

Case No. MISSING

Regular Panel Decision

Jun 19, 1996

People v. Newspaper & Mail Deliverers' Union of New York & Vicinity

This case concerns an appeal regarding the indictment of the Newspaper and Mail Deliverers’ Union of New York and Vicinity for enterprise corruption under Penal Law § 460.20. The Union was accused of widespread corruption involving fictitious employees, falsified records, theft, and bribery, facilitated by its officers, members, and agents, including organized crime associates. The motion court initially dismissed the indictment, citing common law principles from Martin v Curran which stated an unincorporated association couldn't be held liable for members' acts without authorization from all members. However, the appellate court reversed this decision, ruling that Penal Law § 10.00 (7) defines an unincorporated association as a 'person,' thereby undermining Martin v Curran in the context of enterprise corruption statutes designed to combat organized crime's infiltration of unions. The court also found the Grand Jury instructions to be adequate, even though Labor Law § 807 (6) (which imposes a heightened standard for union liability in labor disputes) was applied, benefiting the defendant without prejudicing the prosecution. The indictment was reinstated and remanded for further proceedings.

Organized CrimeUnion CorruptionEnterprise CorruptionRacketeeringUnincorporated AssociationVicarious LiabilityGrand Jury InstructionsPenal LawLabor LawCriminal Liability

References

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Socialist Workers Party v. Attorney General of United States

FBI MisconductGovernment SurveillancePolitical OrganizationsFirst Amendment RightsCivil Rights LitigationFederal Tort Claims ActInfiltrationDisruption ProgramsSurreptitious EntriesInformants

People v. Newspaper & Mail Deliverers' Union of New York & Vicinity

Organized CrimeUnion CorruptionEnterprise CorruptionRacketeeringUnincorporated AssociationVicarious LiabilityGrand Jury InstructionsPenal LawLabor LawCriminal Liability