Koehl v. Bernstein, No. 12-3855 (2d Cir. 2014)Annotate this Case
Plaintiff, a prisoner serving a New York State sentence, filed suit under 42 U.S.C. 1983, alleging that defendants violated his constitutional rights by failing to provide him with necessary medical treatment during his incarceration at a correctional facility and by punishing him for his efforts to secure such treatment. The district court dismissed the action with prejudice. The court concluded that the district court did not abuse its discretion by imposing the sanction of dismissal with prejudice, nor did it err in its underlying finding that plaintiff acted in bad faith such that no other sanction would suffice. The court clarified that the offending conduct for which the sanction was imposed was not plaintiff's accusations that the Magistrate Judge was biased against him, but rather his offensive, abusive, and insulting language. Accordingly, the court affirmed the judgment of the district court.