U.S. District Court, Western District of N.Y. Case Summaries:

Daily Record (Rochester, NY), Sep 18, 2008

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

11th Amendment

Mercy Flight Central Inc. v. State of

New York Division of State Police

07-CV-6322

Judge Siragusa

Background: Mercy Flight Central and EMS Air Services of New York, providers of emergency medical air transportation services, allege the defendants are violating federal law by providing competing services without proper certification. The State Police and the Sheriff's Department do not charge a fee for such services. The plaintiffs' helicopter transport operations are "civilian aircraft operations" within the meaning of the Federal Aviation Act, and EMSAS, therefore, is required to be certified to perform such activity. Defendant TLC Emergency Medical Services moved to dismiss for improper venue or to transfer the case to the U.S. District Court for the Northern District of New York. Additionally, TLC, the State Police, Central New York Regional Emergency Medical Services Council and the Onondaga County Sheriff's Department all moved to dismiss for lack of subject-matter jurisdiction.

Ruling: The claims against the State Police and the Council are dismissed and the action is transferred to the Northern District. An action must be brought in the judicial district in which the defendant does business or the violation occurred, and the Northern District is the proper venue. The State Police and the Council are protected by 11th Amendment immunity and the claims against them are dismissed on that basis.

Richard A. Dollinger of Underberg and Kessler LLP for the plaintiff, and Kathleen M. Dougherty, Onondaga County Department of Law, and Bradley M. Pinsky of Scicchitano & Pinsky PLLC for the defendants

Social Security

Dundas v. Astrue

07-CV-6042

Judge Siragusa

Background: The plaintiff seeks judicial review of the denial of her claim for disability benefits. She suffers from bilateral carpal tunnel syndrome, reflex sympathetic dystrophy and musculoskeletal neck and shoulder pain. The plaintiff was 44 years old and had obtained a GED and paralegal training, worked as a hotel desk manager/auditor from May 1989 until May 2001. Her doctor found that she could not lift more than 10 pounds, sit for more than two hours in an eight-hour workday, stand for more than four hours in an eight- hour workday or walk for more than two hours in an eight-hour workday. The ALJ found the claimant had the capacity for light work, but could not use her hands excessively or repetitively. Both parties moved for judgment on the pleadings.

Ruling: The plaintiff's motion is granted and the case is remanded for further administrative proceedings. The ALJ should have expanded the record so as to procure an explanation for the basis of the doctor's opinion that the plaintiff could not sit, stand, walk or lift for extended periods.

Eugene D. Faughnan of Hinman, Howard & Kattell LLP for the plaintiff, and Christopher V. Taffe, U.S. Attorney's Office, for the defendant

Civil Rights

Johnson v. Ledwin

05-CV-658

Judge Arcara

Background: The plaintiff alleges the use of excessive force by various Buffalo Police Officers during his 2004 arrest. He alleges that injuries resulted and medical treatment was denied.

Ruling: The plaintiff's motion for summary judgment is dismissed without prejudice. The record contains no affirmation of service indicating the plaintiff served anyone with the summary judgment motion.

Robert W. Johnson, pro se, and Lisa Marie Yaeger, City of Buffalo Corporation Counsel's Office, for the defendants