William H. Rehnquist Papers
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IN the UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT of NEW YORK KENNETH TYSON, Plaintiff, Civil Action No. 9:17-CV-0
Case 9:17-cv-00874-DNH-DEP Document 32 Filed 08/06/18 Page 1 of 47 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK KENNETH TYSON, Plaintiff, Civil Action No. 9:17-CV-0874 (DNH/DEP) v. JOSEPH VASILE and TODD COMPO, Defendants. APPEARANCES: OF COUNSEL: FOR PLAINTIFF: KENNETH TYSON, Pro Se 15-A-2954 Elmira Correctional Facility P.O. Box 500 Elmira, NY 14902 FOR DEFENDANTS: HON. BARBARA UNDERWOOD TIMOTHY MULVEY, ESQ. New York State Attorney General Assistant Attorney General The Capitol Albany, NY 12224 DAVID E. PEEBLES CHIEF U.S. MAGISTRATE JUDGE Case 9:17-cv-00874-DNH-DEP Document 32 Filed 08/06/18 Page 2 of 47 REPORT AND RECOMMENDATION Pro se plaintiff Kenneth Tyson, a New York State prison inmate, has commenced this action against two corrections employees stationed at the prison facility in which plaintiff was confined at the relevant times pursuant 42 U.S.C. § 1983 alleging the deprivation of his civil rights. Specifically, plaintiff asserts a First Amendment retaliation cause of action against defendants based on his claim that defendant Compo planted a weapon in his cell and issued plaintiff a misbehavior report concerning the matter, and defendant Vasile presided over an ensuing disciplinary hearing and found plaintiff guilty as charged, all allegedly in retaliation for plaintiff having previously filed grievances against other corrections employees. Currently pending before the court is a summary judgment motion brought by defendants seeking the dismissal of plaintiff's remaining retaliation claims. In their motion defendants argue that no reasonable factfinder could conclude plaintiff's protected conduct bore a causal relationship to the alleged retaliatory acts, principally because defendants were not implicated in the grievances filed by plaintiff prior to defendants' alleged retaliatory acts. -
Opening Brief of State Petitioners and Amici
UNITED STAT~S COURT OF APPEALS ORAL ARGUMENT NOT YET SCHEDULEEFOB DISTRICT OF COLUMBIA CIRCUIT UNITED STATES COURT OF APPEALS IFILED MAR 1 0 20,08 FOR THE DISTRICT OF COLUMBIA CIRCU~ AMERICAN FARM B~~~-~, ~., ) CLERK Petitioners, V. Docket No. 06-1410 (and consolidated cases) ENVIRONMENTAL PROTECTION AGENCY, Respondent. On Petitions for Review of Final Actions of the United States Environmental Protection Agency FINAL OPENING BRIEF OF STATE PETITIONERS and STATE AMICI Petitioners New York, California, Connecticut, Delaware, Illinois, Maine, New Hampshire, New Jersey, New Mexico, Oregon, Pennsylvania Department of Environmental Protection, Rhode Island, and Vermont, the District of Columbia, and the South Coast Air Quality Management District, and Amici Arizona, Maryland, and Massachusetts ANDREW M. CUOMO KATHERINE KENNEDY Attorney General of New York Special Deputy Attorney General BARBARA UNDERWOOD MICHAEL J. MYERS Solicitor General Assistant Attorney General DENISE A. HARTMAN Environmental Protection Bureau Assistant Solicitor General The Capitol Albany, New York 12224 (518) 402-2594 (additional counsel for State Petitioners listed in signature pages) Dated: March 7, 2008 CERTIFICATE AS TO PARTIES, RULINGS, AND RELATED CASES Pursuant to Circuit Rule 28(a)(1), the undersigned counsel of record certify as follows: A. PARTIES AND AMICI Petitioners The following parties appear in these consolidated cases as petitioners: In case no. 06-1410, filed December 14, 2006, the American Farm Bureau Federation and National Pork Producers Council. In case no. 06-1411, filed December 15, 2006, American Lung Association, Environmental Defense, and National Parks Conservation Association ( "Environmental Petitioners"). In case no. 06-1413, filed December 18, 2006, the National Mining Association (NMA). -
Barbara Underwood Acting Attorney General Office of the Attorney General the Capitol Albany, NY 12224-0341 Dear Attorney Genera
www.commoncause.org/ny July 9, 2018 Barbara Underwood Acting Attorney General Office of the Attorney General The Capitol Albany, NY 12224-0341 Dear Attorney General Underwood: We are writing to bring to your attention and request prompt investigation by the Office of Attorney General under Not-for-profit Corporation Law § 112 of apparent illegal political activities by the Lincoln Civic Block Association, Inc., a New York not-for-profit corporation under the control of New resources to benefit his campaign. April 18, 2018.1 Our own review has found some additional troubling problems. Apparent illegal use of LCBA resources: LCBA is apparently allowing Sen. Hamilton to operate a political office in an apartment it owns but charging him far below market rate rent. Property records indicate that the LCBA apartment Sen. Hamilton is using is subject to a mortgage that limits its use to a residence for a low income family, and that the apartment zoned for residential use only. in kind contribution to Sen. Hamilton that exceeds the amount that a corporation is allowed contribute to a candidate for a New York public office 1 W. Bredderman, “Brooklyn pol runs campaign out of his nonprofit’s housing,” Crain’s New York Business (April 10, 2018); Available at http://www.crainsnewyork.com/article/20180410/POLITICS/180409914/brooklyn-state-sen-jesse-hamilton- runs-campaign-out-of-his-nonprofits-housing 1 Dereliction of Corporate Officer Duty: to operate the corporation within the law. with the New York City Department of Housing Preservation and Development. Questionable Use of Corporate Assets The building at 284 New York should provide LCBA substantial annual rent income but the use of this income is unknown because LCBA has not made a public financial disclosure since 2006 and provided only limited public financial information for 2004, 2005, and 2006. -
May 21 Weekly Report
NEW YORK STATE ASSEMBLY WEEKLY REPORT Assistant Speake FELIX W. ORTIZ Working for Our Community in Albany and Brooklyn May 21, 2018 NEW YORK’S FIRST WOMAN ATTORNEY GENERAL ELECTED BY LEGISLATURE Congratulations to Barbara Underwood on her election by the legislature to the Office of Attorney General of New York State. The election of our first female attorney general represents a milestone in state history. I have long advocated for legislation that advances the women’s agenda. During the 2018 legislative session, I helped to secure passage of a legislative package that protects and advances the women of New York State. This year we passed a state budget that implements the nation’s most aggressive program to combat sexual harassment, legislation that keeps guns out of the hands of domestic abusers, and a series of bills that addresses a gender gap that holds women back In the labor force. For more information about my fight for the Fair Pay Act: click here. ORTIZ SUPPORTS VETERANS DURING ARMED FORCES DAY On Saturday, May 19th, Armed Forces Day, I honored all those who serve and have served this great nation. As a veteran myself, I have supported many veteran initiatives. Throughout the month of May, I have had two bills that help veterans pass the assembly. Bill A-04538A makes it easier for service-connected disabled veterans to obtain deer management permits and bill A-03447 creates an initiative to help with mental illness and chemical dependency of veterans. For more information about my legislations: click here and here. Our disabled veterans deserve the best, especially after sacrificing for this great nation. -
COMPLAINT Government Justice Center, Inc. P.O. Box 7113 (518
New York State Joint Commission on Public Ethics 540 Broadway Albany, New York 12207 COMPLAINT The Joint Commission on Public Ethics has jurisdiction to investigate potential violations of Public Officers Law § 73, § 73-a, § 74, Civil Service Law § 107 and LeGislative Law article 1-A as they apply to State leGislators, candidates for the LeGislature and leGislative employees, as well as the four statewide elected officials, candidates for those offices, executive branch employees, certain political party chairs, and lobbyists and their clients. COMPLAINANT NAME ADDRESS CITY, STATE, ZIP TELEPHONE EMAIL Please provide a statement or description of the alleGed violation of Public Officers Law § 73, § 73-a, § 74, Civil Service Law § 107 or LeGislative Law article 1-A includinG facts constitutinG a violation of the law(s) above, the identity of the individual(s) at issue and, if possible, a date, time, place of the alleGed violation. Also note any documents or exhibits you are includinG to support the alleGations. Has this matter been referred to any other agency? Yes No If yes, which aGency? ____________________________________________________ Is there pending legal action you are aware of? Yes No If yes, where? __________________________________________________________ BEFORE THE NEW YORK STATE JOINT COMMISSION ON PUBLIC ETHICS GOVERNMENT JUSTICE CENTER, INC., COMPLAINANT, V. BARABARA UNDERWOOD, MATTHEW EISENSON, AND GAVIN MCCABE, RESPONDENTS. IN THE MATTER OF AN INVESTIGATION INTO APPARENT MISCONDUCT BY NEW YORK STATE ATTORNEY GENERAL BARABAR UNDERWOOD AND SPECIAL ASSISTANT ATTORNEYS GENERAL MATTHEW EISENSON, AND GAVIN MCCABE Cameron J. Macdonald Government Justice Center, Inc. P.O. Box 7113 Albany, NY 12224 (518) 434-3125 Attorney for Complainant The Government Justice Center, Inc. -
Acting Attorney General Barbara Underwood New York State Department of Law 120 Broadway New York, NY 10271 VIA EMAIL: [email protected]
Acting Attorney General Barbara Underwood New York State Department of Law 120 Broadway New York, NY 10271 VIA EMAIL: [email protected] Dear Acting Attorney General Underwood, Thank you for the opportunity to comment on the sale of Fidelis Care New York assets to the Centene Corporation. As a federally qualified health center (FQHC), Hudson River Healthcare is particularly pleased that a substantial portion of the sale proceeds will be used to endow a new foundation to support programs that benefit the health of New York’s poor and underserved populations. FQHCs, also known as community health clinics, are non-profit, community run centers located in medically underserved areas that provide high-quality, cost effective primary care, including behavioral and oral health services, to anyone seeking it, regardless of their insurance status or ability to pay. Each FQHC is governed by a consumer-majority board of directors who seek to identify and prioritize the services most needed by their communities. Today, New York’s 750 FQHC sites serve 2.2 million, or one in nine, New Yorkers annually. Statewide, nearly 90% of patients served are below 200% of the federal poverty level, 59% receive Medicaid, and 16% are uninsured, although numbers at individual health centers vary. In short, FQHCs are New York’s primary care safety net providers—keeping people well in the community and out of higher cost institutional based settings. Fidelis Care has been aligned with New York’s FQHCs since its origins in Brooklyn and Queens as one of the first provider sponsored health plans in the state. -
The Common Law Powers of the New York State Attorney General
THE COMMON LAW POWERS OF THE NEW YORK STATE ATTORNEY GENERAL Bennett Liebman* The role of the Attorney General in New York State has become increasingly active, shifting from mostly defensive representation of New York to also encompass affirmative litigation on behalf of the state and its citizens. As newly-active state Attorneys General across the country begin to play a larger role in national politics and policymaking, the scope of the powers of the Attorney General in New York State has never been more important. This Article traces the constitutional and historical development of the At- torney General in New York State, arguing that the office retains a signifi- cant body of common law powers, many of which are underutilized. The Article concludes with a discussion of how these powers might influence the actions of the Attorney General in New York State in the future. INTRODUCTION .............................................. 96 I. HISTORY OF THE OFFICE OF THE NEW YORK STATE ATTORNEY GENERAL ................................ 97 A. The Advent of Affirmative Lawsuits ............. 97 B. Constitutional History of the Office of Attorney General ......................................... 100 C. Statutory History of the Office of Attorney General ......................................... 106 II. COMMON LAW POWERS OF THE ATTORNEY GENERAL . 117 A. Historic Common Law Powers of the Attorney General ......................................... 117 B. The Tweed Ring and the Attorney General ....... 122 C. Common Law Prosecutorial Powers of the Attorney General ................................ 126 D. Non-Criminal Common Law Powers ............. 136 * Bennett Liebman is a Government Lawyer in Residence at Albany Law School. At Albany Law School, he has served variously as the Executive Director, the Acting Director and the Interim Director of the Government Law Center. -
SUPREME COURT of the UNITED STATES No
AFFIDAVIT OF SERVICE SUPREME COURT OF THE UNITED STATES No. 20-366 X DONALD J. TRUMP, PRESIDENT OF THE UNITED STATES, ET AL. Appellants, v. NEW YORK, ET AL., Appellees. X STATE OF NEW YORK ) COUNTY OF NEW YORK ) I, Julian Hadiz, being duly sworn according to law and being over the age of 18, upon my oath depose and say that: I am retained by Counsel of Record for Amici Curiae Faith-Based and Immigrants' Rights Organizations. That on the 16th day of November 2020, I served the within Brief of Amici Curiae Faith-Based and Immigrants' Rights Organizations in Support of Appellees in the above- captioned matter upon: Jeffrey B. Wall, Acting Solicitor General UNITED STATES DEPARTMENT OF JUSTICE Counsel for Appellants 950 Pennsylvania Avenue, NW Washington, DC 20530-0001 (202) 514-2217 supremectbriefsAusdoj.gov Dale E. Ho AMERICAN CIVIL LIBERTIES UNION Counsel for Appellee New York Immigration Coalition, et al. 125 Broad Street New York, NY 10004 (212) 549-2693 [email protected] Barbara Dale Underwood, Solicitor General OFFICE OF THE ATTORNEY GENERAL Counsel for Appellee New York, et al. 28 Liberty Street New York, N 10005-1400 (212) 416-8016 [email protected] by sending three copies of same, addressed to each individual respectively, and enclosed in a properly addressed wrapper, through the United States Postal Service, by Express Mail, postage prepaid. An electronic version was also served by email to each individual. That on the same date as above, I sent to this Court forty copies and 1 un-bound copy of the within Brief of Amici Curiae Faith-Based and Immigrants' Rights Organizations in Support of Appellees through the United States Postal Service by Express Mail, postage prepaid. -
Electing Black Mayors
Electing Black Mayors Political Action in the Black Community William E. Nelson, Jr. and Philip J. Meranto $20.00 ELECTING BLACK MAYORS Political Action in the Black Community By William E. Nelson, Jr., and Philip J. Meranto As the black protest movement swept north in the middle years of the 1960s, a major shift was to take place in its basic theme and fundamental direction that transferred emphasis from the familiar exhortation to demand "freedom now" to an equally urgent summons to marshal the formidable, if un tapped, resources of "black power" in the struggle for liberation. This alteration in both informing idea and effective method signified conclusively that blacks, grown angry and frustrated over the slow rate of their social and economic prog ress as an oppressed minority, were finally prepared to realize their potential force in order to exercise a decisive measure of po litical control over their own lives. As a call to action, black power reflected a growing sense of community among blacks, a fresh awareness of shared experience and a common heritage. More importantly, however, it was both a challenge posed by blacks to themselves to gain some increased measure of control over the institutions of that community, and an appeal for black solidarity and concerted political action as the essential means to that end. An increased concentration of blacks in the major cities of the northern and western United States had come about as the direct result of one of the most significant demographic changes to occur in the nation in the twentieth century. -
Bobby L. Rush, Rise of a Black Panther Politican: the Price of Resistance in America
Wayne State University Wayne State University Dissertations January 2019 Bobby L. Rush, Rise Of A Black Panther Politican: The Price Of Resistance In America Samuel Hogsette Wayne State University, [email protected] Follow this and additional works at: https://digitalcommons.wayne.edu/oa_dissertations Part of the Other History Commons Recommended Citation Hogsette, Samuel, "Bobby L. Rush, Rise Of A Black Panther Politican: The Price Of Resistance In America" (2019). Wayne State University Dissertations. 2284. https://digitalcommons.wayne.edu/oa_dissertations/2284 This Open Access Embargo is brought to you for free and open access by DigitalCommons@WayneState. It has been accepted for inclusion in Wayne State University Dissertations by an authorized administrator of DigitalCommons@WayneState. BOBBY L. RUSH RISE OF A BLACK PANTHER POLITICAN: THE LIMITS OF BLACK RESISTANCE IN AMERICA by SAMUEL J HOGSETTE DISSERTATION Submitted to the Graduate School of Wayne State University Detroit Michigan in partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY 2019 MAJOR: HISTORY Approved By: _____________________________________ Advisor Date ______________________________________ ______________________________________ ______________________________________ ______________________________________ DEDICATION This Dissertation is dedicated to several people who have impacted my life in positive ways. In memory of my father Sammie Hogsette who never dreamed such a thing was possible. Black Panthers from Englewood High School Spurgeon “Jake” Winters and Walter “Brother” Johnson who exemplified the spirit of the Panther. Mentor Clyde Williams who helped me realize my full potential. To all the Members of the Illinois Chapter of the Black Panther Party. Aluta’ Continua. ii ACKNOWLEDGEMENTS I would like to thank the many people who assisted me in this project. -
The Historian Preserving & Promoting Neighborhood History
The Historian Preserving & Promoting Neighborhood History Volume 31, No. 1 Winter 2015 Board of Directors Monthly Meetings April 27 June 29 August 31 October 26 December 28 All meetings are held bi-monthly on the last Monday of each even-num- bered month at 7 p.m.at (l-r) Front row: Alderman Debra Silverstein (D) 50; Morrine Sweer, President of NBHOL; Muriel Weinstock, the Society, 1447 W. Morse Secretary of NBHOL; Sid Amdur, treasurer of NBHOL. Rear row: George Milkowski, NBHOL board member. Avenue and are open to all members. Park 557 Renamed North In This Issue Boundary Park By Hank Morris Volunteer Profile page 2 Running north of Touhy Avenue along and is the city limits between Chicago the east side of Kedzie Avenue to Jarvis and Skokie, the organization of home From the President’s Desk Avenue sat the Chicago Park District’s owners had always upheld that Park page 3 Park #557, a 1.6-acre park. For decades #557 served as a gateway to Chicago, the city had owned the property. In 2011, while providing visitors with their “first R.I.P. Bernie Stone, Former 50th the Chicago Park District finally took impression” of their neighborhood. Ward Alderman over the land, calling it Park No. 557. page 4 The North Boundary Home Owners Prior to that time, the strip of land was League first incorporated in 1945. At Rogers Park Launched Chicago’s First Bus Line 98 Years Ago cared for by the North Boundary Home the time, the group’s biggest challenges page 9 Owners League (NBHOL), at its own related to noise and air pollution caused expense. -
Communications PAO and News Organizations
Kupec, Kerri (CPA) From: Kupec, Kerri (OPA) Sent: Monday, January 7, 2019 9:19 AM To: [email protected] Subject: Can we move meeting to tomorrow? I (b)(6) Sent from my iPhone Document ID: 0.7.910.41593 20200323-0000162 Hornbuckle, Wyn (OPA) From: Hornbuckle, Wyn (OPA) Sent: Thursday, January 3, 2019 6:29 PM To: Kupec, Kerri (OPA); Gibson, Jake Subject: RE: Hi Jake, question Hi Jake - I'll look into it but doubt I will be able to update these figures to meet deadline tonight. Here's some recent important cases, unlikely there have been that many since July: Thursday, December 20, 2018: https:l/www.iustice.gov/opa/pr/justice-department-seeks-denaturalize illinois-man-who-allegedly-concealed-service-military TheJustice Department filed a denaturalization lawsuit against Necljo :Milosevic, a native oftheformer Yugoslavia, who, according to theDepartment's complaint, was a member ofone ofthe military units responsible for theSrebrenicamassacre-thelargest mass atrocity in Europe since theHolocaust. The complaint alleges that1'.filosevic concealed his military senriceinorderto enter theUnited States as a refugee, and continued to conceal itthroughouthis naturalization proceedings. The civil complaint was filed in federal court in the NorthernDistrictofIllinois. Removal of}akiw Pa/ii Nazi Labor Camp Guard {EONY): On August 20, the long-soughtremoval offormer Nazi labor camp guard Jakiw Palij was carried outwhen he was transported by ICE t o Germany. One ofHRSP's two predecessor units, the Office of Special Investigations (OSI), won a court order of denatural1zat1on against the longtime New York City resident in 003 and secured an immigration court order of removal in 2004, with both decisions based on Palij's participation in WWII Nazi-sponsored acts of persecution.