Cais v. Town of East Hamden
In the absence of extraordinary circumstances, the 2nd Circuit will not enlarge the record on appeal, to include evidentiary material that was not presented to the lower court, pursuant to International Business Machine Corp. v. Edelstein, a 1975 decision of the U.S. Court of Appeals for the 2nd Circuit. The pro se plaintiff, Milan Cais, sued the Town of East Hamden, Keith Darin and Donald Angersola and alleged that the defendants violated his constitutional rights to due process. Cais withdrew his claims against Keith Darin. The District Court issued summary judgment to the other defendants on counts alleging that the defendants violated the plaintiff’s civil rights, pursuant to 42 United States Code §1983. Cais appealed. Any challenge to the District Court’s dismissal of the plaintiff’s allegations against Darin was waived. The 2nd Circuit denied the plaintiff’s motion for permission to file a supplemental appendix. The plaintiff failed to submit the photos and commentary to the District Court. In the absence of extraordinary circumstances, the 2nd Circuit will not enlarge the record on appeal. The 2nd Circuit affirmed for substantially the same reasons stated by the District Court, Thompson, J. Attorneys Katherine Rule and Thomas Gerarde, of Howd & Ludorf LLC, represented the municipality.