42 USC § 1983

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In Romero v. City of N.Y., No. 16 CIV. 4157 (BMC), 2016 WL 6155935 (E.D.N.Y. Oct. 21, 2016), Eastern District of New York Judge Cogan dismissed the race discrimination claims of plaintiff, a firefighter, for various reasons, including under Fed. R. Civ. P. 12(b)(6) because they did not plausibly allege discrimination. From the decision: As…

Read More “Serpico” Reference is an Insufficient Stand-In For Facts; FDNY Plaintiff’s Race Discrimination Complaint Dismissed For Failure to State a Claim
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In Richardson-Holness v. Alexander, No. 13-CV-2761 (NG), 2016 WL 4027978 (E.D.N.Y. July 26, 2016), the court denied in part defendant’s motion for summary judgment on plaintiff’s quid pro quo sexual harassment claim (with respect to certain alleged actions) and her hostile work environment claim. In sum, plaintiff (a probationary teacher) alleged “that defendant Michael A.…

Read More NYC Public School Teacher’s Quid Pro Quo Sexual Harassment and Hostile Work Environment Claims Survive Summary Judgment
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A recent Manhattan federal lawsuit, An v. City of New York, SDNY 16-cv-05381, challeng[es] the constitutionality of the New York City Police Department’s [] widespread practice and custom of interfering with and deterring the exercise of the First Amendment right of individuals to film, photograph, videotape, or otherwise record[] NYPD officers performing their official duties in public…

Read More First Amendment Lawsuit Challenges NYPD Retaliation for Recording Officers
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In Edwards v. Khalil, No. 12 CIV. 8442 (JCM), 2016 WL 1312149 (S.D.N.Y. Mar. 31, 2016), the court held (among other things) that plaintiff (a female police officer) presented enough evidence to survive summary judgment on her claims of gender discrimination under Title VII and 42 U.S.C. § 1983. From the decision: On the basis…

Read More Title VII Gender Discrimination Claim Survives Summary Judgment; Plaintiff Presented Evidence That Female Plaintiff Was Disciplined More Harshly Than Similarly-Situated Male Workers
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In Heffernan v. City of Paterson, No. 14-1280 (decided April 26, 2016), the U.S. Supreme Court reversed a circuit court decision that affirmed the dismissal of a police officer’s First Amendment retaliation case arising from his punishment for engaging in what was (incorrectly) perceived as protected political activity. Justice Breyer authored the opinion; Justices Thomas…

Read More SCOTUS Holds That First Amendment Retaliation Case May Continue, Despite Employer’s Incorrect Belief that Employee Engaged in Protected Political Activity
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In Day v. City of New York, No. 15CV04399, 2016 WL 1171584 (S.D.N.Y. Mar. 22, 2016), the court adopted the Magistrate Judge’s Report & Recommendation as to plaintiff’s discrimination and retaliation claims under Title VII, the NYS Human Rights Law, and the NYC Human Rights Law. In brief, the plaintiff (a male grand jury stenographer…

Read More NYC Human Rights Law Discrimination Claim, Based on Alleged Different Treatment of Reciprocal Male/Female Employee Harassment Allegations, Continues
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In Kennedy v. NYS, 14-CV-990S, NYLJ 1202751641711 (WDNY Mar. 3, 2016), the Western District of New York held that plaintiff – a member of NYS Assembly Member Dennis Gabryszak’s staff – plausibly alleged hostile work environment sexual harassment against Mr. Gabryszak under 42 U.S.C. § 1983, and therefore denied defendants’ motion to dismiss under Fed. R. Civ.…

Read More Assembly Staff Member Sufficiently Alleges § 1983 Sexual Harassment Claim Against Dennis Gabryszak
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It has been reported that Queens physical education teacher Peter Maliarakis has settled his “whistleblowing” retaliation lawsuit against the New York City Department of Education, Principal Namita Dwarka, and others. He alleges in his 2014 lawsuit (here and below), among other things, that the school administration retaliated against him after he told an Office of Special Investigation (OSI)…

Read More Grade-Changing Whistleblower Lawsuit Settled
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The Second Circuit’s decision in Shamir v. City of New York, No. 14-3606, 2015 WL 6214708 (2d Cir. Oct. 22, 2015) (Newman, Walker, Jacobs) is instructive on pleading police misconduct cases – namely, claims for excessive force. This case arises from plaintiff’s arrest after putting a sleeping bag on the ground while attending an Occupy Wall Street…

Read More Excessive Force/Tight Handcuffing Claim Sufficiently Alleged
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In Graham v. City of New York, No. 08-CV-3518 MKB, 2015 WL 5258741 (E.D.N.Y. Sept. 10, 2015), the court upheld a jury verdict that NYPD officers falsely arrested the plaintiff for “obstructing governmental administration” in violation of NY Penal Law § 195.05. Here is plaintiff’s complaint. This case arose from a factual scenario that could…

Read More Court Explains Reasons for Upholding $150,000 False Arrest Jury Verdict
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