This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge William F. Kuntz II concluded, after an evidentiary hearing, that defendant was competent to stand trial and that, despite some dementia, he had exaggerated his symptoms for purposes of malingering. Judge Raymond J. Dearie dealt with issues of sovereign immunity under the Federal Tort Claims Act, as applied to various claims by two female inmates who had been sexually abused by a correctional counselor.
Judge John Gleeson declined to consider, for sentencing purposes, incriminating proffer statements made by defendant during his failed cooperation attempt. And Judge Joseph F. Bianco held that, because the agreed forum for arbitration had become unavailable, plaintiff was not required to submit to arbitration before a substitute forum.
Competence to Stand Trial
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