Irving Robert Kaufman

U.S. Court of Appeals for the Second Circuit circuit Deceased · served 1961–1992 Appointed by John F. Kennedy (Democratic) 31 signed orders read

Judge Kaufman no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Kaufman decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

Read federal jurisdiction expansively to reach grave human-rights wrongs, holding that a rarely-invoked 1789 statute makes deliberate official torture actionable in U.S. courts regardless of the parties' nationality.

“we hold that deliberate torture perpetrated under color of official authority violates universally accepted norms of the international law of human rights, regardless of the nationality of the parties.”

Procedural preferences

Favored a narrow, targeted remand over ordering a fresh trial, sending a discovery-production question back to the trial judge who already knew the case so that a new trial might be avoided altogether.

“We agree that a remand to the District Court in order that it may inspect the agent’s progress reports to determine whether their production is warranted, is an appropriate remedy.”

Cautions

Treated qualified immunity as an entitlement not to stand trial, resolving it in the officer's favor at summary judgment where a reasonable officer could have believed probable cause existed.

“The defense affords not only protection from liability, but, in addition, freedom from suit.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

United States v. William Chapman
· 1963-06-14
Appeal (defendant-appellant) Granted in part

“Remanded from the bench for further proceedings.”

Norman Mailer v. RKO Teleradio Pictures, Inc.
· 1964-05-08
Appeal (plaintiff-appellant) Denied

“The judgment is affirmed.”

United States v. Herbert Winfield
· 1965-02-03
Appeal (defendant-appellant) Denied

“Affirmed.”

United States ex rel. William A. Wynn v. Walter H. Wilkins
· 1965-03-16
Appeal (petitioner-appellant (habeas)) Denied

“we affirm the District Court’s denial of the application for a writ of habeas corpus”

Susie Salvatore v. Commissioner of Internal Revenue
· 1970-11-30
Appeal (taxpayer-appellant) Denied

“we find that the Tax Court was not clearly erroneous, and we therefore affirm.”

United States v. Peter Edward Kearse
· 1971-06-10
Appeal (defendant-appellant) Granted

“Reversed.”

Robert Stigwood Group Ltd. v. Sperber
· 1972-03-17
Appeal (plaintiff-appellant) Granted in part

“The preliminary injunction is modified as we have indicated.”

United States v. John Theodore Glick
· 1972-06-29
Appeal (defendant-appellant) Granted

“Accordingly, the judgment of conviction is reversed.”

Patricia Male v. Crossroads Associates
· 1972-11-10
Appeal (defendant-appellant) Denied

“Affirmed.”

United States v. Joseph A. Pierro
· 1973-05-09
Appeal (government-appellant) Granted

“the order of the district court is vacated and the case is remanded with instructions that the indictment be reinstated.”

Dolly M. E. Filartiga v. Americo Norberto Pena-Irala
· 1980-06-30
Appeal (plaintiff-appellant) Granted

“Accordingly, we reverse the judgment of the district court dismissing the complaint for want of federal jurisdiction.”

Richard Chira v. Lockheed Aircraft Corp.
· 1980-10-14
Appeal (plaintiff-appellant) Denied

“mandates our affirmance of the order of dismissal.”

A historical record

Judge Kaufman no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.