[Download] "Palermo v. Warden" by United States Court of Appeals for the Second Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Palermo v. Warden
- Author : United States Court of Appeals for the Second Circuit
- Release Date : January 01, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 77 KB
Description
In 1970, Thomas Palermo and Sheldon Saltzman, both New York State prisoners, brought suit against a multitude of officials seeking, inter alia, damages for alleged nonfulfillment of a negotiated plea agreement and immediate release from prison under 42 U.S.C. §Â§ 1983, 1985. Judge Mansfield, then a district judge, held that the complaint stated a valid claim against Parole Commissioners Russell Oswald and Howard Jones and other parole commissioners named as John Doe defendants, and against New York City Police Detective John OConnor. The district court dismissed the complaint as to Queens District Attorney Thomas Mackell and Chief Assistant District Attorney Frederick Ludwig for failure to allege sufficiently justifications to abrogate prosecutorial immunity. Palermo v. Rockefeller, 323 F. Supp. 478 (S.D.N.Y. 1971). No final judgment was entered as to the dismissed defendants. Five years later, on April 19, 1976, trial commenced on Palermos habeas claim before Judge Griesa and on the damage claim by both plaintiffs against the parole commissioners and Detective OConnor before a jury. Upon the trials conclusion on April 22, 1976, Judge Griesa held that there was insufficient evidence to submit any of the damage claims to the jury and dismissed the case against Oswald, Jones and OConnor. Granting Palermos application for a writ of habeas corpus, the district court concluded that the prosecuting authorities negotiated a plea bargain in bad faith and failed to fulfill the promises made. The court ordered Palermos unconditional release without parole as the only meaningful form of relief.