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Janetka V. Dabe
In ''Janetka v. Dabe'', 892 F.2d 187 (2d Cir. 1989), the Second Circuit considered whether, under New York law, a plaintiff could satisfy the element of " favorable termination" requisite to a malicious prosecution claim when he had been acquitted on a misdemeanor charge ( resisting arrest) but convicted of a less serious charge ( disorderly conduct, a violation). Background In 1986, Andrew F. Janetka, Jr. was arrested by Darrell Dabe of the Suffolk County Police Department for resisting arrest. Janetka was found guilty of a lesser charge, disorderly conduct, and Dabe was reprimanded for how he documented the incident. Janetka later filed suit against the county under the concept of respondeat superior ''Respondeat superior'' (Latin: "let the master answer"; plural: ''respondeant superiores'') is a doctrine that a party is responsible for (has vicarious liability for) acts of their agents.''Criminal Law - Cases and Materials'', 7th ed. 2012, W .... The court reiterated th ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Second Circuit
The United States Court of Appeals for the Second Circuit (in case citations, 2d Cir.) is one of the thirteen United States Courts of Appeals. Its territory comprises the states of Connecticut, New York and Vermont. The court has appellate jurisdiction over the district courts in the following districts: * District of Connecticut * Eastern District of New York * Northern District of New York * Southern District of New York * Western District of New York * District of Vermont The Second Circuit has its clerk's office and hears oral arguments at the Thurgood Marshall United States Courthouse at 40 Foley Square in Lower Manhattan. Due to renovations at that building, from 2006 until early 2013, the court temporarily relocated to the Daniel Patrick Moynihan United States Courthouse across Pearl Street from Foley Square; certain court offices temporarily relocated to the Woolworth Building at 233 Broadway. Because the Second Circuit includes New York City, it has long been one ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Roger Miner
Roger Jeffrey Miner (April 14, 1934 – February 18, 2012) was a United States circuit judge of the United States Court of Appeals for the Second Circuit and a United States district judge of the United States District Court for the Northern District of New York. Education and career Miner was born on April 14, 1934, in Hudson, New York. He received a Bachelor of Laws from New York Law School in 1956. He received a Bachelor of Science from State University of New York in 1977. He served as a Captain in the United States Army Judge Advocate General's Corps from 1956 to 1959. He was in private practice of law in Hudson from 1959 to 1975. He was corporation counsel for the City of Hudson, New York from 1961 to 1964. He was an assistant district attorney of Columbia County, New York in 1964. He was the district attorney of Columbia County from 1968 to 1975. He was an adjunct associate professor, Columbia-Greene Community College from 1974 to 1979. He was a justice of the New York ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
John Daniel Mahoney
John Daniel Mahoney (September 7, 1931 – October 23, 1996) was a United States circuit judge of the United States Court of Appeals for the Second Circuit. Education and career Born in Orange, New Jersey, Mahoney received a Bachelor of Arts degree, magna cum laude, from St. Bonaventure University in 1952. He received a Bachelor of Laws from Columbia Law School in 1955 as a Kent Scholar. He was in the United States Coast Guard from 1955 to 1958. He was in private practice of law in New York City from 1958 to 1962 and from 1965 to 1986. He was the State Chairman of the New York Conservative Party from 1962 to 1986. In 1985, Mahoney represented the ''National Review'' and its editor, William F. Buckley Jr., during the magazine's $16 million libel suit against ''The Spotlight''. Conservative Party of New York Mahoney founded the Conservative Party of New York, with his brother-in-law, Kieran O'Doherty, who served as the new party's first chairman. The Conservative Party was esta ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gregory W
Gregory may refer to: People and fictional characters * Gregory (given name), including a list of people and fictional characters with the given name * Gregory (surname), a surname Places Australia *Gregory, Queensland, a town in the Shire of Burke **Electoral district of Gregory, Queensland, Australia *Gregory, Western Australia. United States *Gregory, South Dakota *Gregory, Tennessee *Gregory, Texas Outer space *Gregory (lunar crater) *Gregory (crater on Venus) Other uses * "Gregory" (''The Americans''), the third episode of the first season of the television series ''The Americans'' See also * Greg (other) * Greggory * Gregoire (other) * Gregor (other) * Gregores (other) * Gregorian (other) * Gregory County (other) * Gregory Highway, Queensland * Gregory National Park, Northern Territory * Gregory River in the Shire of Burke, Queensland * Justice Gregory (other) Justice Gregory may refer to: * George G ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of International Trade
The United States Court of International Trade (case citations: Int'l Trade or Intl. Trade) is a U.S. federal court that adjudicates civil actions arising out of U.S. customs and international trade laws. Seated in New York City, it exercises broad jurisdiction over most trade-related matters, and is permitted to hear and decide cases anywhere in the country, as well as abroad. The court originated with the Customs Administrative Act of 1890, which established the Board of General Appraisers as a quasi-judicial entity of the U.S. Treasury Department tasked with hearing disputes primarily concerning tariffs and import duties.Patrick C. Reed, The Origins and Creation of the Board of General Appraisers'' pp. 92-92. In 1926, Congress replaced the Board with the United States Customs Court, an administrative tribunal with greater judicial functions, which in 1930 was made independent of the Treasury Department. In 1956, the U.S. Customs Court was reconstituted by Congress as an A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Malicious Prosecution
Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings. Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resisting Arrest
Resisting arrest, or simply resisting, is an illegal act of a suspected criminal either fleeing, threatening, assaulting, or providing a fake ID to a police officer during arrest. In most cases, the person responsible for resisting arrest is criminally charged or taken to court. Brazil The Brazilian penal code states resistance to arrest is "opposition to the execution of a legal act, by means of violence or threat towards a competent official executing it, or to who is assisting them". The penalty is from 1 to 3 years of imprisonment. Any damage caused by the violence used shall also be charged to the offender. Canada The Criminal Code has two provisions covering resisting arrest. Section 129(a) makes it an offence for anyone who "resists or wilfully obstructs a public officer or peace officer in the execution of their duty or any person lawfully acting in aid of such an officer". Section 270(1) makes it an offence for anyone who "(a) assaults a public officer or peace officer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Disorderly Conduct
Disorderly conduct is a crime in most jurisdictions in the United States, the People's Republic of China, and Taiwan. Typically, "disorderly conduct" makes it a crime to be drunk in public, to " disturb the peace", or to loiter in certain areas. Many types of unruly conduct may fit the definition of disorderly conduct, as such statutes are often used as "catch-all" crimes. Police may use a disorderly conduct charge to keep the peace when people are behaving in a disruptive manner to themselves or others, but otherwise present no danger. Disorderly conduct is typically classified as an infraction or misdemeanor in the United States. However, in certain circumstances (e.g., when committed in an airport, a park, a government office building, or near a funeral) it may be a felony in some US states. United States Definitions A basic definition of disorderly conduct defines the offense as: :A person who recklessly, knowingly, or intentionally: ::(1) engages in fighting or in tu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Suffolk County Police Department
The Suffolk County Police Department (SCPD) provides police services to 5 of the 10 Towns in Suffolk County, New York, Suffolk County, New York (state), New York. It is one of the largest police agencies in the United States, with approximately 2500 sworn officers. History Prior to 1960, law enforcement in Suffolk County was the responsibility of local towns and villages as well as the New York State Police. From the 17th century until well into the 20th century, many of these jurisdictions employed only part-time constables, who were usually appointed by local communities and paid to enforce court orders. Additional fees were paid for making arrests, serving warrants and transporting prisoners. Few of these constables had any formal law enforcement training, hours were often long and pay was low. The New York State Police arrived on Long Island in 1917, and many towns and villages began forming their own small police forces soon thereafter. Following World War II, there was a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Respondeat Superior
''Respondeat superior'' (Latin: "let the master answer"; plural: ''respondeant superiores'') is a doctrine that a party is responsible for (has vicarious liability for) acts of their agents.''Criminal Law - Cases and Materials'', 7th ed. 2012, Wolters Kluwer Law & Business; John Kaplan, Robert Weisberg, Guyora Binder, /ref> For example, in the United States, there are circumstances when an employer is liable for acts of employees performed within the course of their employment. This rule is also called the master-servant rule, recognized in both common law and civil law jurisdictions. In a broader scope, ''respondeat superior'' is based upon the concept of vicarious liability. In common law The concept of ''respondeat superior'' has its roots in ancient Rome. At the time, the concept applied to slaves, as that was the meaning of what has been translated as servants, and it applied if the slave could not pay himself for the act. [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Court Of Appeals For The Second Circuit Cases
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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