The US Supreme Court on Monday refused to consider an appeal by Michael Cohen, former lawyer and fixer for Donald Trump, to reinstate his lawsuit against Trump and several former federal officials. Cohen's lawsuit sought monetary damages and accused the defendants of returning him to prison in 2020 as retaliation for writing a book critical of Trump, who was president at the time.
Cohen, who had previously appealed the dismissal of his suit by a lower court, alleged that his rights under the US Constitution were violated through restrictions on his free speech and illegal imprisonment. He was initially sentenced to three years in prison in 2018 for multiple federal felonies, including campaign finance violations and lying to Congress. Released in May 2020 due to the Covid-19 pandemic, Cohen was re-incarcerated two months later after challenging an agreement that prohibited him from publishing his book, communicating with the media, and using social media.
A judge later ordered Cohen's release, finding that he had been retaliated against. His memoir, 'Disloyal: A Memoir,' became a best-seller in September 2020. Cohen filed his civil lawsuit in 2021 in federal court in New York, detailing severe health issues he experienced during his 16-day confinement in a small cell at the Otisville, New York, federal prison, where temperatures often exceeded 100 degrees Fahrenheit.
US District Judge Lewis Liman, appointed by Trump, dismissed Cohen's suit, though he expressed reluctance, stating that his decision did 'profound violence' to Cohen's constitutional rights. Liman cited a 1971 Supreme Court ruling in the Bivens v. Six Unknown Named Agents case, which allows federal officials to be sued for constitutional violations, but noted the recent limitations imposed by the Supreme Court's conservative majority.
The 2nd US Circuit Court of Appeals upheld the dismissal of Cohen's lawsuit, leading to his appeal to the Supreme Court. Lawyers for President Joe Biden's administration argued against Cohen's appeal. Cohen played a key role in the Manhattan District Attorney's criminal case against Trump, which involved a $130,000 hush money payment to Stormy Daniels. Trump was convicted in May of 34 felony counts related to falsifying documents.
The Supreme Court's 6-3 conservative majority includes three justices appointed by Trump during his presidency from 2017 to 2021.
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