Path: ...!news.mixmin.net!eternal-september.org!feeder3.eternal-september.org!news.eternal-september.org!.POSTED!not-for-mail From: Rhino Newsgroups: rec.arts.tv Subject: Re: Second Circuit upholds New York City's Kafka-esque code enforcement Date: Tue, 21 May 2024 15:00:06 -0400 Organization: A noiseless patient Spider Lines: 34 Message-ID: <20240521150006.00000c6b@example.com> References: MIME-Version: 1.0 Content-Type: text/plain; charset=US-ASCII Content-Transfer-Encoding: 7bit Injection-Date: Tue, 21 May 2024 21:00:08 +0200 (CEST) Injection-Info: dont-email.me; posting-host="a5acfd34d5d083a9b28ad1c014840d3a"; logging-data="777767"; mail-complaints-to="abuse@eternal-september.org"; posting-account="U2FsdGVkX18YPpeyn5ogghk5Bh7lVXLEDPwXlWaEY2U=" Cancel-Lock: sha1:7eVxh5CH1jIzQm0UlyHtPGCU/i4= X-Antivirus-Status: Clean X-Newsreader: Claws Mail 4.2.0 (GTK 3.24.41; x86_64-w64-mingw32) X-Antivirus: Avast (VPS 240521-6, 5/21/2024), Outbound message Bytes: 2361 On Tue, 21 May 2024 17:29:54 -0000 (UTC) "Adam H. Kerman" wrote: > Institute for Justice client loses appeal to Second Circuit. Case > doesn't survive motion to dismiss based on timeliness, seemingly in > violation of recent Supreme Court decision that statute of limitations > does not begin till all governmental process ends. > > Man was issued a series of citations with huge fines for harmless code > vioations by city of New York department of buildings. He had a > hearing on several of the citations but other citations were > unreviewable. > > Second Circuit ruled that he's outside the statute of limitations > because "he should have known" at the time the unreviewable citation > was issued that he had to file suit in federal court by a certain > deadline. > > 'Cuz, you know, people who aren't lawyers know these things. > > Now the guy has no way to contest the due process violation, as an > unreviewable citation receives no "process" at all. I assume there is > also language in the state constitution. > > https://www.youtube.com/watch?v=iltc83Lw1eY > > IJ has a decent track record but does not when 'em all. I assume that the "when" in the last sentence was supposed to be "win". -- Rhino