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Hill v. Melvin

Citation: 323 F. App'x 61Docket: No. 07-2630-pr

Court: Court of Appeals for the Second Circuit; April 21, 2009; Federal Appellate Court

Narrative Opinion Summary

The case involves an appeal by Demetrius Hill against two judgments from the United States District Court for the Southern District of New York. The district court granted partial summary judgment in favor of the defendants on Hill's claims under 42 U.S.C. § 1983 and a jury verdict favored the defendants on his false arrest claims. Hill did not contest decisions regarding his religious freedom claim and the false arrest ruling, rendering them abandoned. His appeal argued errors in the district court's refusal to appoint counsel, but this was upheld as a proper exercise of discretion. Hill's malicious prosecution claim failed due to a lack of material fact substantiation. Additionally, his appeal on evidentiary rulings was dismissed for failing to provide the necessary trial transcript. Lastly, the court's construal of Hill's complaint as having four instead of seven causes of action was affirmed. Consequently, the district court's decisions were affirmed, leaving Hill's claims unresolved in his favor.

Legal Issues Addressed

Abandonment of Claims

Application: Hill's failure to contest the district court's decisions regarding specific claims resulted in those issues being considered abandoned.

Reasoning: Hill has not contested the district court’s summary judgment regarding his religious freedom claim or the ruling in favor of defendants Wilson and Amir on his false arrest claim, leading to those issues being deemed abandoned.

Appointment of Counsel

Application: The district court's decision not to appoint counsel for Hill was reviewed and found to be a proper exercise of discretion.

Reasoning: He argues that the district court erred in not appointing counsel, but the decision to appoint counsel is reviewed for abuse of discretion.

Construction of Complaints in Civil Cases

Application: The district court's interpretation of Hill's complaint as having four actionable causes of action was upheld.

Reasoning: The court's analysis of the complaint was affirmed as correctly identifying the actionable claims.

Evidentiary Rulings and Appellant Responsibilities

Application: Hill's appeal regarding the exclusion of evidence was dismissed due to his failure to provide a trial transcript, as required.

Reasoning: Hill failed to fulfill this obligation, resulting in the dismissal of his appeal concerning the exclusion of evidence.

Malicious Prosecution and Requirement of Material Fact

Application: Hill's unsubstantiated allegations of perjury were insufficient to establish a genuine issue of material fact necessary to oppose summary judgment.

Reasoning: However, simply making unsubstantiated assertions does not establish a genuine issue of material fact necessary to defeat summary judgment.

Partial Summary Judgment under 42 U.S.C. § 1983

Application: The district court granted partial summary judgment for the defendants concerning the 42 U.S.C. § 1983 claims made by Hill.

Reasoning: The first judgment granted partial summary judgment in favor of the defendants on Hill's 42 U.S.C. § 1983 claims.