Curriculum Vitae

1997-present CLINICAL PROFESSOR OF LAW AND SUPERVISING ATTORNEY, Yale Law School

Clinics: Prison Legal Services, Complex Federal Litigation and Supreme Court Advocacy.

Teach and supervise students in their representation of individual and class action clien¬ts in administrative hearings, state and federal trial and appellate court appearances on issues including habeas corpus, prison conditions, immigration removal and civil rights violations.  Design and supervise workshops conducted by students at Federal Correctional Institution, Danbury on issues including immigration, sexual assault, and exhaustion under the Prison Litigation Reform Act. 

Seminars: Creating the Connecticut Wrongful Convictions Commission and Ethics in Clinical Practice.

Yale Conferences:

Prisoners’ Rights Litigation: A Workshop for Plaintiff Attorneys (Spring 2003)
Designed and convened to introduce practitioners to substantive and procedural law governing prisoners’ rights

Prisoners’ Rights Litigation: A Workshop for Experienced Plaintiff Attorneys (Spring 2004)
Designed and convened to provide a forum for discussion of sophisticated and advanced legal strategies.

Publication: Edit and maintain supplement for Connecticut Prisoners’ Rights, a book primarily authored by Peter Stern, YLS ‘97.

University service: Human Subjects Committee (1997-present), Dean reappointment and search committees (1999; 2004)

Outstanding clinical teaching award (2004)

January 2006 VISITING PROFESSOR, Middlebury College

Taught January Term class Punishment in the American Criminal Justice System: Theory and Reality.

1992-1997 ASSOCIATE CLINICAL PROFESSOR OF LAW AND SUPERVISING ATTORNEY, Yale Law School

Taught and supervised students in Prison Legal Services,
Poverty/HIV, Landlord/Tenant and Immigration Clinics.  Supervised students in administrative hearings, state and federal trial and appellate courts on issues ranging from state habeas claims to violatio¬ns of the Voting Rights Act

1990-1992 ATTORNEY, Criminal Appeals and Tax Enforcement Policy Section, Tax Division - Department of Justice

Handled criminal appeals in all federal courts of appeals; cases involved motor fuel excise tax/organized crime task force, savings and loan task force and sentencing guidelines issues.  Assisted Deputy Assistant Attorney General James Bruton in formulating Division Policy on issues ranging from money laundering to RICO.

 Awards: 
   * 1991 Special Achievement Award for work on United States v. Getty Oil Terminals, Inc., et.al. 
   * 1991 Outstanding Attorney Award

1989 LAW OFFICES OF BRETT DIGNAM, New Haven, CT

Litigation practice included large federal diversity litigation and representation of state prisoners in federal court

1987-1989 ASSOCIATE, Law Offices of Andrew B. Bowman Westport, CT

Criminal and civil trial and appellate practice in both state and federal courts & representation of federal prisoners on parole issues

1984-1987 ASSOCIATE, Zeldes, Needle & Cooper, Bridgeport, CT
Civil & criminal trial and appellate practice in both state and federal courts; extensive involvement with pretrial motions, discovery, trial preparation and settlement of large estate controversy involving the Jackson newspaper family

1983-1984 LAW CLERK, Honorable William H. Orrick, U.S. District Court, San Francisco, CA

EDUCATION

1980-1983 UNIVERSITY OF SOUTHERN CALIFORNIA, J.D.
 
Activities: Student Director, USC Prison Law Project; Chair, 1982-1983 Hale Moot Court Honors Program

Awards:  First Place - 1982 Hale Moot Court Honors Competition; Shattuck Award; American Jurisprudence (Constitutional Law II)

Scholarships: Legion Lex; Los Angeles County Lawyers' Wives

1973-1975 UNIVERSITY OF CALIFORNIA AT LOS ANGELES
Master of Arts Degree (1975) Theater Arts

Thesis:  A Critical Biography of Joan Littlewood with Consideration of the Development of Theatre Workshop

Research:  Endhoven Collection, Victoria and Albert Museum, London

1968-1972 MOUNT HOLYOKE COLLEGE
Bachelor of Arts (1972), Theater Arts and Speech

MAJOR LITIGATION

Federal Cases

Johnson v. Mukasey (2d Cir. pending)(arguing impermissible retroactive effect of AEDPA under Landgraf)
DuPerry v. Kirk (D.Conn. pending)(federal habeas challenging state courts’ rejection of claims of ineffective assistance at trial and on appeal and due process claim as barred by Teague v. Lane)
Ahart v. Willingham, et al. (D.Conn. 2008)(Bureau of Prisons settled Federal Tort Claim medical negligence action for $400,000)
Johnson v. Gonzales (2d Cir. 2007)(Petition for review granted, remanding deportation case to BIA for showing of individualized reliance on eligibility for waiver)
Cane v. Lappin, et. al. (D. Conn. 2006)(BOP defendants settled sexual assault claim brought under Federal Tort Claims Act and Bivens for $212,500.00) Fernandez v. Artuz, 402 F.3d 111 (2d Cir. 2005) (prison mailbox rule applies to filing of state habeas for purposes of AEDPA)
Cain v. Herbert, 129 Fed. Appx. 644 (2d Cir. 2005)(companion case)
Hicks v. Armstrong, (D.Conn. 2003)(obtained $55,000 settlement for quadriplegic state pretrial detainee of claims against state defendants under the ADA and the Rehabilition Act)
Lee v. Keane, 50 Fed. Appx. 497 (2d. Cir. 2002) (habeas appeal challenging reliability of in court identification)
Dennis v. INS, 2002 WL 295100 (D.Conn. 2002)(alien inadvertently deported ordered returned and ultimately released pursuant to order of BIA)
Morgan v. Bennett, 204 F.3d 360 (2d Cir. 2000)(habeas appeal claiming ineffective assistance of counsel and violation of confrontation clause)
Holder v. Harding (D.Conn. 1998-98)(appointed to represent federal inmate challenging BOP cross-gender pat search policy; obtained preliminary injunction and contempt order)
Peddle v. Sawyer, 64 F.Supp. 10 (D.Conn. 1999)(federal defendants settled claim of sexual assault by federal correctional officer for $350,000)
James v. Tilghman, 194 F.Supp. 398 (D.Conn. 1999)(state defendants found liable for failure to protect inmate from rape and not entitled to qualified immunity)
Seneci v. United States, 165 F.3d 14 (1998)(appeal of federal habeas raising ineffective assistance of counsel)
Spencer v. Doe, 139 F.3d 107 (2d. Cir. 1998)(reversing dismissal of supervisory officials alleged to have failed to protect New York juvenile detainee from sexual assault)
Baker v. Pataki, 85 F.3d 919 (2d. Cir. 1996)(en banc)(application of Voting Rights Act to claim of felon disenfranchisement)
Chalmers v. Mitchell, 73 F.3d 1262 (2d. Cir. 1996)(constitutionality of “reasonable doubt” instruction)
United States. v. Robinson, 974 F.2d 575 (5th Cir. 1992)(upholding conviction in criminal tax case)
United States. v. Aracri, 968 f.2d 1512 (2d Cir. 1992)(upholding conviction in criminal tax case)
United States v. Rea, 958 F.2d 1206 (2d Cir. 1992)(upholding conviction in criminal tax case)
United States v. Jones, 958 F.2d 520 (2d Cir. 1992)(upholding conviction in criminal tax case)
United States v. Neff, 954 F.2d 698 (2d Cir. 1992)(upholding conviction in criminal tax case)
United States v. Masat, 948 F.2d 923 (5th Cir. 1991) upholding conviction in criminal tax case)
United States v. Schandl, 947 F. 2d 462 (11th Cir. 1991)( upholding conviction in criminal tax case)
United States v. DiPetto, 936 F.2d 36 (2d Cir. 1991)(upholding conviction in criminal tax case)
United States v. Waldeck, 909 F.2d 555 (1st Cir. 1990)(upholding conviction in criminal tax case)
Dole Fresh Fruit Co. v. United Banana Co., 821 F.2d 106 (2d Cir. 1987)(due process required by contempt powers under the Perishable Agricultural Commodities Act)
Allen v. United States Parole Commission, 671 F.2d 322 (9th Cir. 1982)(relationship of treatment completion to release under Narcotics Rehabilitation Act)

State Cases

DuPerry v. Kirk, 90 Conn. App. 493 (Conn. App. 2005)(petitioner did not establish prejudice from counsel’s failure to advise him of appeal)
DuPerry v. Solnit, 261 Conn. 309 (Conn. 2002)(court exercises its supervisory powers to establish right of insanity acquittee to advisement of rights at entry of plea)
Rivera v. Commissioner of Correction, 254 Conn. 214 (Conn. 2000)(petitioner entitled to good time earned during continuous term of imprisonment)
Washington v. Meachum, 238 Conn. 692 (Conn. 1996)(challenge to monitoring and recording of inmate telephone calls under state statutes and constitution)
Thomas v. Warden, 2003 WL 22904256 (Conn. Super. November 17, 2003)(reopening dismissal on ground that respondent’s use of records that led to acquittal to classify petitioner as sex offender stated a claim for liberty deprivation)

BAR MEMBERSHIPS

California (1983); Northern District of California (1984); Connecticut, Second Circuit Court of Appeals (1985); First Circuit Court of Appeals (1990); Third Circuit Court of Appeals (2003); Fourth Circuit Court of Appeals; Fifth Circuit Court of Appeals (1990); Ninth Circuit Court of Appeals (1991)
 
PROFESSIONAL AFFILIATIONS

The American Bar Association; Connecticut Bar Association (Federal Practice Section); Connecticut Criminal Defense Lawyers; Society of American Law Teachers; Clinical Legal Education Association

SELECTED CIVIC ACTIVITIES
Advisor, Federal Courts Study Committee (1989)
Member, Board of Directors, New Haven Legal Assistance Association (1988-1990)
Member, Merit Selection Panel, Bankruptcy Judge, District of Connecticut (1992) 
Panelist, University of Virginia Tax Study Group (Criminal Tax Issues) (March 1994)
Workshop facilitator, CLEA conference (Albuquerque 1994)
Member, Board of Directors, The Center for Children’s Advocacy, Hartford, CT (1997-present)
Panelist, American Association of Law Schools Clinical Conference, Pittsburgh, PA (May 2002) (Appellate Clinics)
Moderator, Liman Public Interest Conference (2006) “Life, Death & Strategy: The Death Penalty, Life Without Parole & Junveniles”
President, Board of Directors, Junta Center for Progressive Action (2006-present); Member (2004-2006)
Member, Connecticut Wrongful Conviction Commission (2006-present)
Member, Board of Directors, Kathleen A. Sullivan Fund
Co-Chair, Corrections Subcommittee, ABA Criminal Justice Section (2005-present)

OTHER SIGNIFICANT EMPLOYMENT

1977-1980 CHAIR, PERFORMING ARTS DEPARTMENT, Westlake School, Los Angeles, CA

Administered budget; taught acting and production classes; directed, designed and produced numerous plays and musicals

1974-1977 Special Assistant to Chairman of the Board of Lloyds Bank California;

Performed with Outbound Stage Company (experimental theater group based in Los Angeles);

Researched, developed and wrote story treatments for television and motion pictures on free lance basis;

Managed Bratskellar Restaurant (Westwood Village, CA)