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New York Guard's Appeal Dismissed for Lack of Hypothetical Assumption
Rene Tellier, a New York state prisoner, sued guards at the New York
Metropolitan Correctional Center in federal district court for keeping him
in the Special Housing Unit for one and a half years without affording him
due process of law. The district court denied the guards' motion for
summary judgment, claiming qualified immunity, and they appealed. Their
appeal contained no hypothetical assumption that they engaged in the
conduct alleged by Tellier.
On appeal, the U.S. Court of Appeals for the 2nd Circuit found that it was
without jurisdiction to decide the appeal unless the guards showed that
there was no material issue of fact as to the reasonableness of their
actions. To do that, they needed to make the hypothetical assumption that
they engaged in the conduct at issue and show why that conduct was
objectively reasonable. Since the guards made no such showing, the appeal
was dismissed for lack of jurisdiction. See: Tellier v. Scott, 2nd Circuit
No. 04-1139-pr (2005).
Metropolitan Correctional Center in federal district court for keeping him
in the Special Housing Unit for one and a half years without affording him
due process of law. The district court denied the guards' motion for
summary judgment, claiming qualified immunity, and they appealed. Their
appeal contained no hypothetical assumption that they engaged in the
conduct alleged by Tellier.
On appeal, the U.S. Court of Appeals for the 2nd Circuit found that it was
without jurisdiction to decide the appeal unless the guards showed that
there was no material issue of fact as to the reasonableness of their
actions. To do that, they needed to make the hypothetical assumption that
they engaged in the conduct at issue and show why that conduct was
objectively reasonable. Since the guards made no such showing, the appeal
was dismissed for lack of jurisdiction. See: Tellier v. Scott, 2nd Circuit
No. 04-1139-pr (2005).
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Related legal case
Tellier v. Scott
| Year | 2005 |
|---|---|
| Cite | 2nd Circuit No. 04-1139-pr (2005) |
| Level | Court of Appeals |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | N/A |