This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Joanna Seybert relied on the good faith exception to the exclusionary rule in denying a motion to suppress where the search warrant lacked particularity. Judge Jack B. Weinstein, denying defendant’s motion for summary judgment in a Title VII case brought by a pro se plaintiff, discussed the need for legal assistance in such cases and the current efforts to fill that need. Judge I. Leo Glasser declined to vacate a default judgment against defendants, whose claims of defective service of process were unpersuasive. And Judge Joseph F. Bianco affirmed Magistrate Judge Gary R. Brown’s finding of discovery misconduct by an insurer/defendant and its counsel in a Hurricane Sandy case.
Search Warrant—Particularity
In United States v. Cwibeker, 12 CR 0632 (EDNY, Dec. 31, 2014), Judge Seybert held that a search warrant lacked particularity, but applied the “good faith” exception to the exclusionary rule in denying a motion to suppress.
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