United States Second Circuit

In a 42 U.S.C. section 1983 action based on abuse plaintiff allegedly suffered while in a correctional facility, defendants' appeal from the denial of qualified immunity is dismissed where: 1) the appeal from an untimely motion for reconsideration pursuant to Rule 59(e) of the Federal Rules of Civil Procedure did not bring up for review the merits of the underlying order; and 2) the appeal from a denial of a motion for reconsideration did not satisfy the requirements of the collateral order doctrine.

Appellate Information

• Argued 02/22/2010
• Decided 04/12/2010
• Published 04/12/2010

Judges

• UNDERHILL, District Judge:, Before: CABRANES and PARKER, Circuit Judges, and UNDERHILL, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Jonathan K. Chang (James W.B. Benkard, Jonathan L. Adler, Justin G. Sommers, of counsel), Davis Polk & Wardwell LLP, New York, NY, for Plaintiff-Appellee., Richard O. Jackson, Assistant Solicitor General (Andrew M. Cuomo, Attorney General of the State of New York, Barbara D. Underwood, Solicitor General, Peter Karanjia, Special Counsel to the Solicitor General, of counsel), Office of the Attorney General of New York, NY, for Defendants-Appellants.