Hon. Jonathan W. Feldman

1995 – present 

Federal Judicial Service: 

  • Recalled Magistrate Judge, U.S. District Court, Western District of New York, 2021 – present.  Magistrate Judge, U.S. District Court, Western District of New York, 1995-2019. 

Education: 

  • Syracuse University, J.D., 1981 
  • Cornell University, B.A., 1978 

Professional Career: 

  • Federal Public Defender, Western District of New York, 1992-1995 
  • Private Practice, Geraci & Feldman, Rochester, New York, 1987-1992 
  • Assistant U.S. Attorney, Western District of New York, 1983-1987 
  • Law Clerk to the Hon. Michael A. Telesca, U.S. District Court, Western District of New York, 1982-1983 

Noteworthy Cases: 

McClary v. Coughlin, No. 1:90-CV-00501: 

Plaintiff David McClary was sentenced to a term of imprisonment for the murder of a New York City police officer.  Prison officials housed McClary in administrative segregation in a special housing unit for over four years in three different prisons.  McClary sued prison officials for violating his procedural due process rights, alleging that they failed to provide him with meaningful “periodic review” of his administrative segregation status.  Following a two-week trial before Judge Feldman, a jury found defendants liable in the amount of $660,000.00.  On post-trial motions, Judge Feldman reduced the award to $237,500.00.  The Second Circuit affirmed the judgment. 

The verdict received quite a bit of attention, particularly in the New York City area.  In response, political leaders worked to amend New York State’s “Son of Sam” law to permit victims or survivors to sue convicted individuals not only for proceeds derived from the crimes, but also for any funds received by the convicted person.  The amended law allowed McClary’s victim’s family to revive a claim against him, and they filed suit and were awarded a judgment against McClary.  McClary again commenced litigation in the Western District of New York, McClary v. Pataki, 1:02-cv-330-RJA-JWF, to challenge the constitutionality of the amended law and the judgment entered against him.  Judge Feldman issued a Report and Recommendation concluding that the Court lacked jurisdiction over the claims pursuant to the Rooker-Feldman doctrine.  Judge Arcara adopted the recommendation.   

McClary v. Coughlin, 87 F. Supp. 2d 205, 209 (W.D.N.Y. 2000), aff’d sub nom. McClary v. Kelly, 237 F.3d 185 (2d Cir. 2001)
https://casetext.com/case/mcclary-v-kelly-2
https://casetext.com/case/mcclary-v-coughlin/ 

 

 

Corchado v. Bd. of Educ. Rochester City Sch. Dist., No. 6:99-CV-06494: 

A mother brought an Individuals with Disabilities Education Act (IDEA) claim on behalf of her son, seeking court review of the denial of educational benefits.  The school district determined that the child did not qualify for benefits because notwithstanding his disabilities, he was still able to achieve satisfactory academic performance in the classroom.  Judge Feldman concluded that the school district erred, holding that “[t]he fact that a child, despite a disability, receives some educational benefit from regular classroom instruction should not disqualify the child from eligibility for special education benefits if the disabilities are demonstrated to adversely affect the child’s educational performance.”  Judge Feldman explained that while the child’s performance in relation to his peers was an important factor to consider, special education benefits should not be denied simply because the child could pass from grade to grade where documented impairments adversely affected his educational performance.  

Corchado v. Bd. of Educ. Rochester City Sch. Dist., 86 F. Supp. 2d 168, 169 (W.D.N.Y. 2000)
https://casetext.com/case/corchado-v-board-of-educ-rochester-city 

 

 

Horn v. Med. Marijuana, Inc., No. 1:15-CV-00701: 

Plaintiff, a commercial truck driver, brought suit against several defendants who sold and marketed a hemp-based consumable oil called “Dixie X Dew Drops.”  Plaintiff alleged that defendants engaged in fraud, negligence, and unlawful conduct by failing to accurately disclose the presence of THC in the product, which resulted in plaintiff failing an employer’s random drug test.  Judge Feldman granted partial summary judgment for defendants on plaintiff’s RICO claim on the ground that plaintiff lacked standing because the losses sought, particularly a loss of earnings, were derivative of a personal injury.  The Second Circuit disagreed, holding that a plaintiff is not precluded from suing for injuries to business or property where the injuries flow from an antecedent personal injury.  The Supreme Court granted certiorari on April 29, 2024. 

Horn v. Med. Marijuana, Inc., 2021 WL 4173195, *1 (W.D.N.Y. 2021), judgment entered, No. 1:15-CV-00701-JWF, 2022 WL 206235 (W.D.N.Y. 2022), and vacated and remanded, No. 22349CV, 2023 WL 5339572 (2d Cir. 2023), and vacated and remanded, 80 F.4th 130 (2d Cir. 2023)
https://casetext.com/case/horn-v-med-marijuana-5