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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Mar 27, 1985

United States v. $100 in United States Currency

The United States initiated an in rem forfeiture action against $100,000 in U.S. currency, alleging it originated from illegal drug transactions. Claimants Jose Martinez-Torres and Nancy Medina asserted the funds were legitimate lottery winnings. The government sought summary judgment, arguing issue preclusion from a prior Nebbia bail hearing where Medina's lottery claim was found incredible. The Court granted partial summary judgment for the government, establishing probable cause for forfeiture. However, it denied the application of offensive collateral estoppel for full summary judgment, citing the distinct procedural environment and limited scope of the Nebbia hearing, and ruled that claimants are entitled to a plenary trial to prove the legitimate source of the funds.

ForfeitureDrug Trafficking ProceedsCollateral EstoppelIssue PreclusionSummary JudgmentProbable CauseIn Rem ForfeitureBail HearingDue Process ConcernsPuerto Rican Lottery
References
8
Case No. MISSING
Regular Panel Decision

United States v. State of New York

The United States sued the State of New York and several state entities, including SBOE, SUNY, and CUNY, alleging violations of the National Voter Registration Act of 1993 (NVRA). The core issue was whether state-funded Disabled Student Services (DSS) offices at public colleges and universities, including SUNY and CUNY campuses and community colleges, must be designated as mandatory voter registration agencies (VRAs) under 42 U.S.C. § 1973gg-5(a)(2)(B). The State defendants argued these offices were not 'primarily engaged' in serving persons with disabilities, and that the NVRA did not apply to them. The Court rejected the defendants' arguments regarding subject matter jurisdiction and the interpretation of the NVRA, citing legislative intent and prior circuit court decisions. The Court concluded that DSS offices at all SUNY and CUNY campuses and their respective community colleges are indeed state-funded programs primarily engaged in providing services to persons with disabilities, and therefore must be designated as mandatory VRAs. The plaintiff's motion for summary judgment was granted.

National Voter Registration Act (NVRA)Voter Registration Agencies (VRAs)Disabled Student Services (DSS)State-funded programsPublic universitiesCommunity collegesFederalismSummary judgmentDeclaratory reliefInjunctive relief
References
24
Case No. MISSING
Regular Panel Decision

Petrenko v. United States

Plaintiff John Petrenko filed a 42 U.S.C. § 1983 action against the United States, alleging civil rights violations including negligent beating, false arrest, and false imprisonment stemming from a 1988 incident with United States Park Police officers. Petrenko sought $10 million in damages. The Government moved for summary judgment, which the court granted. The court ruled that the United States is immune from § 1983 suits and that prior state court findings of probable cause precluded the false arrest and imprisonment claims. Petrenko's negligent beating claim was dismissed due to insufficient evidence, and his state claim for vehicle impoundment costs was also dismissed for lack of subject matter jurisdiction, as adequate state remedies exist.

42 U.S.C. § 1983Civil Rights ViolationFalse ArrestFalse ImprisonmentNegligent BeatingSummary JudgmentSovereign ImmunityCollateral EstoppelProbable CauseFederal Question Jurisdiction
References
18
Case No. MISSING
Regular Panel Decision

De Blasio v. United States

This action was brought under the Federal Tort Claims Act by Jean and Clifton DeBlasio against the United States for personal injuries sustained by Jean at the Gateway Sports Center. The plaintiffs alleged negligence due to protruding cement nodules on a sidewalk. The United States moved for summary judgment, asserting it could not be sued for the acts or omissions of its independent contractors. The court found that Shields and Dean Concessions, Inc., which operated the Sports Center, was an independent contractor and that the government lacked day-to-day supervisory control. Consequently, the Federal Tort Claims Act did not apply, and the motion for summary judgment was granted, finding the United States immune from suit.

Federal Tort Claims ActSovereign ImmunityIndependent ContractorSummary JudgmentPersonal InjuryNegligenceGovernment LiabilityConcessionaireNational Park ServiceControl Test
References
7
Case No. MISSING
Regular Panel Decision

United States v. City of Buffalo

The United States moved to modify a 1979 remedial hiring decree against the City of Buffalo's police and fire departments. This decree, issued after findings of unlawful discrimination against blacks, Spanish-surnamed Americans, and women, required 50% of entry-level appointments to be from qualified minority applicants. The government argued that Firefighters Local Union No. 1784 v. Stotts mandated an end to preferential hiring. Chief Judge Curtin denied the motion, citing the Second Circuit's decision in EEOC v. Local 638, which held that Stotts does not prohibit race-conscious relief in this context. The court emphasized that the Buffalo decree is temporary, applies only to qualified candidates, and does not involve the displacement of existing employees, distinguishing it from the Stotts case. The hiring goals will end when the City proves its selection procedures are valid.

Employment DiscriminationRacial DiscriminationAffirmative ActionHiring DecreeRemedial OrderTitle VIISeniority RightsJudicial ReviewConsent DecreePublic Employment
References
8
Case No. MISSING
Regular Panel Decision

Strehle v. United States

Seaman Richard Frances Meyer died on a United States Navy vessel due to entrapment in ropes from a malfunctioning winch. His administratrix, Loretta Strehle, sued the United States under the Public Vessels Act, Jones Act, and Death on the High Seas Act, alleging negligence and unseaworthiness. The court found the United States liable, citing the uncorrected defects in the winches and their "deadman" safety feature. The court rejected the claim of Meyer's contributory negligence. Plaintiff was awarded $28,600 for loss of income to Meyer’s dependents (his four sisters) and $50,000 for Meyer's pain and suffering prior to death, totaling $78,600.

Admiralty LawJones ActDeath on the High Seas ActPublic Vessels ActMaritime NegligenceVessel UnseaworthinessWrongful DeathPain and SufferingLoss of SupportComparative Negligence
References
13
Case No. MISSING
Regular Panel Decision

United States v. Pszeniczny

Stanislaw Pszeniczny, an alien previously removed for an aggravated felony, was indicted for illegal reentry into the United States. He moved to dismiss the indictment, arguing his original removal order was invalid because his Notice to Appear (NTA) lacked a specific date and time for his hearing, citing Pereira v. Sessions. The court analyzed conflicting interpretations of Pereira and its applicability to jurisdictional issues versus the "stop-time rule." It also considered the requirements of 8 U.S.C. § 1326(d) for collateral attacks on removal orders. The court ultimately denied Pszeniczny's motion, finding that he received full and timely notice of his hearings and participated fully, with no prejudice or unfairness in the immigration procedure, making the Banegas Gomez v. Barr decision by the Second Circuit applicable and uncontestable.

Immigration LawIllegal ReentryRemoval OrderNotice to AppearJurisdictionDue ProcessCollateral AttackAdministrative RemediesJudicial ReviewAggravated Felony
References
34
Case No. MISSING
Regular Panel Decision

Rivera v. United States

Plaintiff Aracelie Rivera sued the United States under the Federal Tort Claims Act for personal injuries and property damage sustained on December 12, 2008. A United States Postal Service tractor-trailer struck her car while she was stopped at a red light in Manhattan. The court found the Postal driver negligent for failing to maintain a careful watch while backing up the large vehicle. Rivera was found to have met the 'serious injury' requirement of New York's no-fault statute, demonstrating significant limitations due to disc derangement and cord compression in her cervical spine. Despite a pre-existing condition from a 1996 accident, the court determined the 2008 accident caused a severe aggravation. The court awarded Rivera $250,000.00 for past and future pain and suffering.

Federal Tort Claims ActNegligenceAutomobile AccidentPersonal InjurySpinal Cord CompressionCervical Disc HerniationRadiculopathyMyelopathyMedical CausationPain and Suffering Damages
References
19
Case No. MISSING
Regular Panel Decision

Essig v. United States

Plaintiffs Robert and Jacqueline Essig sued the United States under the Federal Tort Claims Act for personal injuries Robert sustained in a bicycle-vehicle collision involving a government vehicle. The vehicle was driven by Special Agent Edward P. Hamill of the DEA, who was intoxicated after leaving his office bar but was still on duty, attempting to arrange an undercover meeting. The collision occurred while Hamill was commuting in a government-issued vehicle, authorized for official use and home-to-office travel. The Court found the United States vicariously liable to the plaintiffs, concluding that Hamill was acting within the scope of his employment and using the vehicle with express permission. This liability was established under both New York's doctrine of respondeat superior and Vehicle and Traffic Law § 388(1), with a trial on damages still pending.

Federal Tort Claims ActVicarious LiabilityScope of EmploymentRespondeat SuperiorVehicle and Traffic LawGovernment LiabilityDEA AgentDrunk DrivingBicycle AccidentCommuting
References
14
Case No. MISSING
Regular Panel Decision

Delano v. United States

Plaintiff Daniel Delano sued the United States under the Federal Tort Claims Act for injuries sustained on October 26, 2005, while unloading an overloaded mail container at the Dunkirk Post Office. The court found that the United States Postal Service (USPS) breached its duty of care by failing to address a dangerous condition despite actual notice and repeated complaints, which proximately caused Delano's disc herniation and subsequent re-injury. However, Delano was found 10% comparatively negligent for not taking available ameliorative measures such as partially unloading the container or requesting a split load. The court awarded Delano $103,625 for lost past wages, $526,489 for lost future wages, and $150,000 for pain and suffering, all subject to a 10% reduction for comparative negligence and a $70,200 reduction for workers' compensation buyout. A workers' compensation lien of $146,821.50 was also acknowledged.

Federal Tort Claims ActNegligencePersonal InjuryBack InjuryDisc HerniationMicrodiscectomyWorkers' CompensationComparative NegligenceLost WagesPain and Suffering
References
30
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