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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
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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
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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
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Below is today’s Supreme Court decision in U.S . v. Windsor, which holds section 3 of the Defense of Marriage Act (DOMA) unconstitutional. That section, codified at 1 U.S.C. § 7, provides: In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of…

Read More SCOTUS Strikes Down DOMA Section 3: U.S. v. Windsor
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A plaintiff (Thomas) recently saw his more than $600,000 jury verdict in a civil rights case against the NYPD crumble to dust due to an undisclosed agreement with a fact witness (Marrow) who testified in his favor.  The court’s decision in the case, Thomas v. City of New York, is here.   There, the court granted defendants’ motion…

Read More Substantial False Arrest Jury Verdict Tossed Because of Undisclosed Agreement Between Plaintiff And Key Fact Witness
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Let’s face it:  jury service can be a major inconvenience. But, like paying taxes, it’s not voluntary.  The recent words of a federal judge, however, may be just inspirational enough to make performing one’s civic duty more bearable. In Clark v. Castro, the Southern District of New York explained why it refused to vacate a…

Read More Citing Importance of Jury Service, Court Denies Motion to Vacate Judgment Following Jury Verdict
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Soon-to-be-former attorney Scott Alan Stern was recently disciplined for engaging in shocking conduct, even by attorney standards. Most attorney discipline cases involve misappropriation (i.e., “stealing”) of client funds and engaging in some kind of fraud on the court. This one, however, is a bit different.  The facts, according to the opinion in Matter of Scott…

Read More Attorney Suspended Indefinitely For Threatening Judge
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Last week in Millbrook v. United States (March 27, 2013), the U.S. Supreme Court (per Justice Thomas, writing for a unanimous Court) issued a decision broadly interpreting the Federal Tort Claims Act’s so-called “law enforcement proviso” codified at 28 U.S.C. § 2680(h). Petitioner Kim Millbrook, a prisoner in the custody of the Federal Bureau of Prisons, alleged that…

Read More SCOTUS Broadly Interprets the Federal Tort Claims Act’s “Law Enforcement Proviso”
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