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(Aviation lawyer) Bonner v. Perry

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(U.S. 6th Cir., Civil Procedure, Civil Rights, Criminal Law & Procedure) In a 42 U.S.C. section 1983 action based on alleged sexual harassment by a prison official, the dismissal of the complaint on statute of limitations grounds is affirmed, where a prior Sixth Circuit decision held that the Kentucky statute of limitations for Section 1983 purposes was one year.

Berrios v. New York City Hous. Auth.

(U.S. 2d Cir., Civil Procedure, Property Law & Real Estate) District court’s dismissal of plaintiff’s complaint for failure to state a claim is vacated and remanded where the court dismissed the claims asserted on behalf of an incompetent party without determining whether defendant was a proper guardian ad litem and without the incompetent party having the benefit of counsel. Defendant’s motion for in forma pauperis status for the purpose of vacating the judgment is granted, and the case remanded for the district court to either allow the continuation of the action with the incompetent party represented by a suitable guardian ad litem and counsel or to dismiss the action without prejudice.

Cardinal v. Metrish

(U.S. 6th Cir., Civil Procedure, Civil Rights, Government Law) In a 42 U.S.C. section 1983 action by a prisoner for failure to provide him with kosher food, summary judgment for Defendant is affirmed, where: 1) the District Court did not abuse its discretion by denying Plaintiff discovery because the discovery sought was not relevant; and 2) Defendant was entitled to sovereign immunity on Plaintiff’s Religious Land Use and Institutionalized Persons Act claim.

US v. Park Place Assocs., Ltd.

(U.S. 9th Cir., Civil Procedure, Dispute Resolution & Arbitration, Government Law) In an action seeking to confirm an arbitration award against the United States, the confirmation of the award is vacated, where the U.S. had not waived its sovereign immunity with respect to claims brought against it in the District Court, and thus the District Court lacked jurisdiction to confirm the award.

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