Uncategorized

by

Last week an upstate trial court granted petitioner’s request to undo his termination for drinking on the job.  The decision is Peterson v. City of Poughkeepsie. Petitioner Carleton Peterson was employed by the City of Poughkeepsie as a Street Supervisor.  On Christmas Eve 2009, while working his shift from 7:30 a.m. until 4:00 p.m., petitioner was…

Read More Court Rules That Termination for Drinking at Work Was Too Harsh a Penalty
Share This:
by

Today Judge Scheindlin found the City of New York liable, under Section 1983 and Monell v. Dept. of Social Services of the City of New York, for violating plaintiffs’ constitutional rights in connection with its stop-and-frisk program.  (Gothamist article here.) Her 198-page opinion (which mercifully has a table of contents) setting forth her findings of fact and conclusions…

Read More Floyd Plaintiffs Win Stop-and-Frisk Case
Share This:
by

In a striking victory for free speech, a Manhattan trial court judge recently dismissed a lawsuit brought by TriBeCa residents against photographer Arne Svenson after he surreptitiously photographed them in their homes and used the photos in an art exhibit called “The Neighbors”. Judge Rakower’s August 5, 2013 opinion dismissing the case in Foster v.…

Read More Citing Free Speech, Judge Dismisses Lawsuit Against Photographer Who Took Secret Pictures of Neighbors
Share This:
by

A recent Second Circuit decision provides guidance on the appropriate standard to be applied in cases involving deadly police force against a suspect.  The case is Rasanen v. Brown et al., 12-680-cv, 2013 WL 3766538 (July 19, 2013). During a warranted search of John Rasanen’s home, defendant NYS trooper Brown shot and killed Rasanen.  The administrator…

Read More Citing Flawed Jury Instructions, Second Circuit Vacates Decision Denying Plaintiff New Trial in Fatal Police Shooting Case
Share This:
by

Your best bet for avoiding a cell phone-related ticket in New York?  Put the thing down while the car is running – even when stopped at a red light. One court (the Town Court of the Town of Brighton, Monroe County) recently held that a car stopped at a red light is still “in motion”…

Read More Car Is “In Motion” When Stopped at Red Light For Purposes of New York’s Cell Phone Driving Statute
Share This:
by

What does it mean to “engage in a call” for purposes of New York’s general cell phone driving statute, VTL § 1225-c(2)(a)? That section provides:  ”[N]o person shall operate a motor vehicle upon a public highway while using a mobile telephone to engage in a call while such vehicle is in motion.” Specifically, does using an iPhone’s “Siri” feature to…

Read More Activating “Siri” Feature Did Not Amount to Using Phone to “Engage in a Call” Within the Meaning of New York’s Cell Phone Driving Statute
Share This:
by

Traffic lights are everywhere, and drivers typically take it for granted that they will work properly. But, like everything, there are no absolutes.  Furthermore, like any man-made object, they are subject to malfunctioning (see, for example, the below video, taken by me at the corner of Broadway and Murray). What then? Turns out that there’s…

Read More New York City Traffic Tidbit: Malfunctioning Traffic Signals
Share This:
by

A recent decision from the Southern District, Wiltshire v. Williams, reiterates that acquittal of criminal charges is not inconsistent with a finding of probable cause to arrest (which, if shown, is a complete defense to a false arrest claim): In the instant case, Plaintiff has contended that the dismissal of his criminal case precludes a finding…

Read More Probable Cause to Arrest May Be Found, Even After Acquittal
Share This:
by

The Second Circuit recently held, in Stansbury v. Wertman, that when evaluating the existence of probable cause in the context of false arrest and malicious prosecution claims, the evidence must be evaluated as a whole, and not item-by-item. In Stansbury, the plaintiff sued under 42 U.S.C. 1983, alleging false arrest and malicious prosecution following her acquittal of shoplifting charges. Defendant…

Read More Second Circuit: When Evaluating Probable Cause in the Context of New York False Arrest and Malicious Prosecution Claims, All Circumstances Must Be Considered
Share This: