Legal Opinion

New York Criminal Bar Ass'n v. Newton

District Court, S.D. New York

Decided January 13, 1999No. 98 Civ. 4128(SHS)PublishedCited by 4 opinions

1Opinion of the Court

OPINION

STEIN, District Judge.

Plaintiffs in this action brought pursuant to 42 U.S.C. § 1983 allege that the New York County District Attorney controls the assignment of judges to try “high-profile” criminal cases in New York County and that that practice violates plaintiffs’ right to due process of law, since, they allege, the D.A. selects jurists who “strongly” favor the prosecution. As set forth below, defendants’ motion for judgment on the pleadings is granted on the grounds that the claim of Coastal Oil New York, Inc. is moot and the remaining plaintiffs lack standing to bring this action.

2Cases cited26 opinions

  1. Warth v. SeldinSupreme Court of the United States · 1975
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Allen v. WrightSupreme Court of the United States · 1984
  4. Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
  5. O'Shea v. LittletonSupreme Court of the United States · 1974

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3Cited by4 opinions

  1. Joseph Francolino v. Robert Kuhlman, Superintendent, Sullivan Correctional Facility, and Eliot L. Spitzer, Attorney General, New YorkCourt of Appeals for the Second Circuit · 2004
  2. Bowles v. New YorkDistrict Court, S.D. New York · 1999
  3. New York County Lawyers' Ass'n v. PatakiNew York Supreme Court · 2001
  4. Francolino v. KuhlmanDistrict Court, S.D. New York · 2002

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