42 USC § 1983

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In Chislett v. New York City Department of Education, No. 24-972-cv, 2025 WL 2725669 (2d Cir. Sept. 25, 2025), the U.S. Court of Appeals for the Second Circuit, inter alia, vacated the lower court’s award of summary judgment on plaintiff’s race-based hostile work environment claim. As it was undisputed that plaintiff subjectively perceived the environment…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment Against the NYC Department of Education
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In Laporte, Jose v. Sullivan, Brian, 1:24-cv-1124 (ECC/DJS), 2025 WL 2645531 (N.D.N.Y. Sept. 15, 2025), the court denied defendant’s motion to dismiss plaintiff’s – a dark-skinned Hispanic man – claim of race/national origin discrimination in violation of the Equal Protection Clause of the Fourteenth Amendment and 42 U.S.C § 1983. From the decision: Plaintiff argues…

Read More Upstate Hispanic Correction Officer Sufficiently Alleges Race & National Origin Discrimination
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In Nash v. City of Cincinnati et al, 2025 WL 2403821 (S.D.Ohio Aug. 19, 2025), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s race-based hostile work environment claim. From the decision: Defendants next move to dismiss Plaintiff’s hostile work environment claim. (Motion, Doc. 4, Pg. ID 42.) Title VII protects an employee who…

Read More Race-Based Hostile Work Environment Claim Dismissed; Alleged Events, While “Troubling,” Were Too Remote
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In Pike v. Budd, 133 F.4th 74 (1st Cir. 2025), the court vacated the lower court’s dismissal of plaintiff’s sexual harassment claim based on qualified immunity. The court summarized the alleged facts as follows: Plaintiff-Appellant Samantha Pike (“Pike”), a licensed alcohol and drug treatment counselor employed by Wellspring, Inc. (“Wellspring”), worked at Maine’s Adult Treatment…

Read More Section 1983 Sexual Harassment Claim Survives Dismissal
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In Scribner v. State of New York Office of Court Administration, 6:24-cv-00252 (AMN/TWD), 2025 WL 487428 (N.D.N.Y. Feb. 13, 2025), the court, inter alia, granted defendant’s motion for judgment on the pleadings on plaintiff’s hostile cork environment/constructive discharge claim. From the decision: As to Plaintiff’s second claim, Defendants primarily argue that Plaintiff has failed to…

Read More Hostile Work Environment / Constructive Discharge Claim Dismissed
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In Nieves v. City of New York, 2024 WL 1363570 (S.D.N.Y., 2024), the court gave a very holiday-centric explanation of what would constitute a facially-invalid arrest warrant: In any event, Plaintiff asserts a Section 1983 claim for violation of a federal constitutional right. As the Supreme Court has explained, the question here is whether the…

Read More Judge Santa Claus
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In Beauchine v. City of Syracuse, New York et al, 5:21-cv-00845 (BKS/TWD), 2024 WL 2700874 (N.D.N.Y. May 24, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiff’s gender discrimination claim asserted under 42 U.S.C. § 1983 and the New York State Human Rights Law. In analyzing this claim, the court applied…

Read More Syracuse Police Officer’s Failure to Promote Sex Discrimination Claim Survives Summary Judgment
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In White v. City of Long Beach, Comptroller Inna Resnick et al, CV 22-5628 (GRB)(ARL), 2024 WL 693773 (E.D.N.Y. Feb. 20, 2024), the court granted defendants’ motion to dismiss plaintiff’s employment discrimination claim. From the decision: Defendants seek dismissal of plaintiff’s Equal Protection claim on the basis that she failed to sufficiently allege she was…

Read More Equal Protection Discrimination Claim Dismissed, Absent Sufficient Information Pertaining to Alleged Comparators
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In Herrera et al v. New York City Department of Education et al, 1:21-cv-7555-MKV, 2024 WL 245960 (S.D.N.Y. Jan. 23, 2024), the court, inter alia, denied defendants’ motion for summary judgment on plaintiffs’ (who are white) race-based discrimination claim asserted under 42 U.S.C. § 1983. In sum, as summarized by the court, “[p]laintiffs are white…

Read More Race Discrimination Claim Survives Summary Judgment Against NYC Department of Education
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In Culley v. West Bolivar Consolidated School District et al, 2023 WL 5007871 (N.D.Miss. August 4, 2023), the court, inter alia, denied defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim. The court summarized and applied the law as follows: Sex discrimination and sexual harassment in public employment violate the Equal…

Read More Quid Pro Quo Sexual Harassment Claim Survives Summary Judgment; Termination Followed Rebuff of Alleged Sexual Advances
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