Shapiro, Arato & Isserles Wins Second Circuit Ruling Summarily Reversing Dismissal of Pro Bono Client’s First Amendment Retaliation Claim

On January 31, 2013, the United States Court of Appeals for the Second Circuit vacated a district court judgment dismissing the claim of our pro bono client, Julio Isley Smith, and remanded the case to the district court for further proceedings. Mr. Smith’s claim is that prison officials at Great Meadow Correctional Facility transferred him to another prison in violation of his First Amendment rights. In a summary order, the Court agreed with our arguments that the named defendants were improperly dismissed at the motion to dismiss stage, and, in addition, that the district court’s grant of summary judgment against Mr. Smith was erroneous in multiple respects.

The Second Circuit appointed Alexandra Shapiro to represent Mr. Smith on appeal pro bono; Ms. Shapiro, Marc Isserles, and James Darrow co-authored the briefs; Mr. Darrow argued the appeal.