Legal Opinion

Armstrong v. Guccione

Court of Appeals for the Second Circuit

Decided November 27, 2006No. Docket Nos. 04-5448-PR(L), 05-0280-PR(CON)PublishedCited by 80 opinions

1Opinion of the Court

Judge SOTOMAYOR concurs in a separate opinion.

JOHN M. WALKER, JR., Circuit Judge.

It has been said that a civil contemnor who is incarcerated to compel compliance with a court order holds the key to his prison cell: Where defiance leads to the contemnor’s incarceration, compliance is his salvation. In this case, petitioner-appellant Martin A. Armstrong principally argues that the key to his freedom comes at the cost of his Fifth Amendment right against compelled self-incrimination.

Armstrong, a corporate officer, refuses to fully comply with valid turnover orders, under which he has been…

2Cases cited48 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Chambers v. Nasco, Inc.Supreme Court of the United States · 1991
  3. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  4. Hilton v. BraunskillSupreme Court of the United States · 1987
  5. Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911

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3Cited by80 opinions

  1. Southern New England Telephone Co. v. Global NAPs Inc.Court of Appeals for the Second Circuit · 2010
  2. Xiao Xing Ni v. GonzalesCourt of Appeals for the Second Circuit · 2007
  3. ACUMED LLC v. Advanced Surgical Services, Inc.Court of Appeals for the Third Circuit · 2009
  4. Tian Ming Lin v. United States Department of Justice, Attorney General Alberto R. Gonzales, 1Court of Appeals for the Second Circuit · 2007
  5. Ashmore v. Cgi Grp., Inc.Court of Appeals for the Second Circuit · 2019

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