No. 18-765

James H. Brady v. New York, et al.

Lower Court: New York
Docketed: 2018-12-17
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure civil-rights discretionary-action due-process fifth-amendment fourteenth-amendment immunity legal-fees obstruction-of-justice property-rights prosecutorial-immunity prosecutorial-misconduct quid-pro-quo sanctions standing takings
Key Terms:
AdministrativeLaw SocialSecurity DueProcess JusticiabilityDoctri
Latest Conference: 2019-02-15
Question Presented (AI Summary)

Did the Appellate Division, First Department err in finding Respondents immune pursuant to Imbler v. Pachtman, 424 U.S. 409 (1976)?

Question Presented (OCR Extract)

QUESTIONS PRESENTED ; 1. As the New York State Attorney General and = . Manhattan District Attorney were not acting as : advocates for the people when they permitted Petitioner’s contractual property rights to be rewritten and voided under color of law, did the Appellate Division, First Department err in finding Respondents immune pursuant to Jmbler v. Pachtman, 424 U.S. 409 (1976)? 2. Has the New York State Courts’ misapplication of Jmb/er resulted in the obstruction of justice and violations of Petitioner’s and New York State : ; citizens’ Fifth and Fourteenth Amendments rights? 3.. Does the Appellate Division, First Department’s February 8, 2018 Decision conflict with the case cited, ; Moore v. Dormin, 252 AD 2d 421 (ist Dept. 1998), which held that “not all discretionary actions are absolutely immune”? ; 4. Is it unconstitutional for the New York State Courts to force the victim of an unlawful act to pay the litigation fees incurred by the Manhattan District ; Attorney and the New York State Attorney General? : ii

Docket Entries

2019-02-19
Petition DENIED.
2019-01-23
DISTRIBUTED for Conference of 2/15/2019.
2019-01-15
Waiver of right of respondent New York County District Attorney's Office to respond filed.
2018-12-19
Waiver of right of respondent The City of New York to respond filed.
2018-12-18
Waiver of right of respondent State of New York, et al. to respond filed.
2018-11-28
Petition for a writ of certiorari filed. (Response due January 16, 2019)

Attorneys

James H. Brady
James H. Brady — Petitioner
James H. Brady — Petitioner
New York County District Attorney's Office
Elizabeth N. KrasnowNew York County District Attorney's Office, Respondent
Elizabeth N. KrasnowNew York County District Attorney's Office, Respondent
State of New York; The New York State Commission on Judicial Conduct; The New York State Attorney General's Office and the Office of the Governor Andrew Cuomo
Steven Chiajon WuNew York Office of the Attorney General, Respondent
Steven Chiajon WuNew York Office of the Attorney General, Respondent
The City of New York
Julie Steiner — Respondent
Julie Steiner — Respondent