U.S. District Court, Northern District of New York Case Summaries:

Daily Record (Rochester, NY), Aug 1, 2008

U.S. District Court, Northern District of New York

Social Security

Disability

Thornton v. Astrue

05-CV-827

Judge Kahn

Background: The plaintiff filed applications for disability benefits and SSI in 2003, which were denied. The plaintiff commenced action seeking judicial review of the denial. He is a college graduate and previously worked as a donut fryer, cook, cashier, computer operator and programmer, veterinary technician, custodian, armed and unarmed security guard and U.S. Air Force security policeman. The plaintiff alleges disability due to right knee arthritis, low back pain with sciatica, a herniated cervical disc, cubital tunnel syndrome in both arms, carpal tunnel syndrome and right shoulder impingement. The plaintiff argues the ALJ erred in failing to give controlling weight to the opinion of a treating source. The ALJ relied on the testimony of a vocational expert and found that, even assuming the disabilities were as significant as alleged, the plaintiff could perform his past work as a computer programmer.

Ruling: The ALJ's finding that the plaintiff can still performwork as a programmer is supported by substantial evidence. The denial of benefits is affirmed.

Barry Strom of Cornell Legal Aid for the plaintiff, and William H. Pease, assistant U.S. attorney, for the defendant

Fourth Amendment

Suppression

U.S. v. Maigar

07-CR-386

Judge Kahn

Background: The defendant is charged with bulk cash smuggling. He is accused of knowingly concealing more than $10,000 in U.S. currency ($345,962) and attempting to transport the money from the United States to Canada at the Rouses Point Port of Entry. The car stopped was driven by Amanda Walker, who testified that she told officers at the border she was going to her boyfriend Maigar's house. The officers then directed Walker to exit the vehicle and open the trunk. At the time, Maigar, who was in the trunk, jumped out and began to run away. Maigar is a Canadian citizen and resident who is inadmissible in the United States due to his criminal record. He was apprehended and now challenges the vehicle stop as "not based upon either probable cause or reasonable suspicion."

Ruling: It has long been recognized that border searches are made reasonable by a person's decision to cross the border and, therefore, do not violate the Fourth Amendment's prohibition against unreasonable searches. No probable cause or reasonable suspicion was required for the officers to stop the vehicle, inspect its trunk or search the knap sack inside of it. The motion to suppress evidence collected at the border is denied.

William E. Montgomery III for the defendant, and Thomas A. Capezza, U.S. Attorney's Office, for the United States.