42 USC § 1983 Archives - Page 7 of 10

June 13, 2014 by mjpospis

Sexual Harassment Lawsuit Continues Against Sheldon Silver

In Burhans v. Lopez, decided June 10, 2014, the Southern District of New York denied defendant Sheldon Silver’s motion to dismiss plaintiffs’ amended federal court complaint for failure to state a claim. This lawsuit arises out of sexual harassment committed by former New York State Assemblyman Vito Lopez against plaintiffs, who served as his legislative aides. As…

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May 31, 2014 by mjpospis

White Police Lieutenant Wins $1.35 Million Award in “Reverse” Discrimination Suit

On May 28, 2014, an Eastern District federal jury awarded $1.35 million to white Freeport police lieutenant Christopher Barella. Here is the Judgment, memorializing the following awards: $150,000 for loss of back pay, $1,000,000 for loss of front pay, $200,000 for punitive damages. In his Amended Complaint, plaintiff asserted that the Village of Freeport and…

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May 29, 2014 by mjpospis

Town Clerk States Claims For Hostile Work Environment Sexual Harassment and Municipal Liability Under Section 1983

In Smith v. Town of Hempstead (decided May 15, 2014), the Eastern District of New York held that plaintiff stated claims for sexual harassment/hostile work environment under Title VII, and a claim for municipal liability under 42 USC 1983. Plaintiff worked as a Community Research Assistant in the Town’s Clerk’s Office and claimed that she was subjected…

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May 12, 2014 by mjpospis

Complaining Victim’s Allegedly False Accusation of Assault Insufficient to Establish False Arrest Claim

In Betts v. Shearman et al, decided May 2, 2014, the Second Circuit affirmed the dismissal of plaintiff’s claims for false arrest and malicious prosecution arising from his wife’s an encounter in which, he claims, his wife falsely accused him of assaulting her. Plaintiff alleged the following: On January 20, 2011 at approximately 11:30 p.m., while…

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May 11, 2014 by mjpospis

Mother’s Day Cards Are Not Exempt From General Vendor’s License Requirement

Here’s a little Mother’s Day-themed law for you. In Pierre v. City of New York, the Southern District of New York recommended the dismissal of various claims asserted by plaintiff against the City of New York, including for false arrest, excessive force, deprivation of property, violation of First Amendment rights, under federal law (through 42 USC…

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March 30, 2014 by mjpospis

$21 Million Lawsuit by Parents Against School District Arising from Razor Attack on Aspiring Model Jazmin Drain

Below is the federal court complaint recently filed by the parents of aspiring model Jazmin Drain against the Freeport Union Free School District and others, arising from a razor attack by a fellow student. Plaintiffs bring their claims under 42 USC 1983. Plaintiffs alleged, among other things, that defendant school district “failed to properly act” when Jazmin…

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March 17, 2014 by mjpospis

McSorley’s Path to Gender Equality

Happy St. Patrick’s Day! On my way to the gym – yes, you read that right – this morning, I passed by one of the East Village’s most prominent watering holes: McSorley’s Old Ale House. Though it was only about 8:30 am, the crowds of green-adorned men and women were gathering for what appeared to…

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March 17, 2014 by mjpospis

Lawsuit Alleges NYPD Officers Subjected Men to False Arrest and Police Brutality For Refusing to Hand Over White Castle Food

White Castle can’t buy advertising like this. Below is a recent federal complaint, in which plaintiffs allege that they were arrested and struck by NYPD officers after refusing the officers’ demand for their White Castle food. According to a recent Gothamist article: Brooklyn residents Danny Maisonet and Kenneth Glover say that they procured White Castle meals on Halloween 2012…

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January 16, 2014 by mjpospis

Photojournalist’s False Arrest Lawsuit Against the City of New York

In a lawsuit filed on December 12, 2013 in the Southern District of New York, Zayas v. City of New York et al. (SDNY 13-cv-8808), plaintiff – photojournalist Angel Zayas – alleges that he was “forced out of the subway for trying to photograph police performing a stop-and-frisk and was then arrested for complaining about…

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November 28, 2013 by mjpospis

Court Rules in Favor of Corrections Employees on Sexual Harassment, Sex Discrimination, Retaliation, and Pregnancy Discrimination Claims

In Meadors v. Ulster County, the Northern District of New York held in favor of plaintiffs, county corrections officers, on various employment discrimination claims. Here we summarize the court’s holdings on plaintiffs’ sexual harassment, disparate treatment, retaliation, and pregnancy discrimination claims. Hostile Work Environment The court held that plaintiffs presented “barely” just enough evidence to survive…

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