42 USC § 1983

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Last week in Williams v. Board of Education-City of Buffalo, the Second Circuit affirmed the summary judgment dismissal of plaintiff’s First Amendment retaliation claims.  The district court’s decision is here, and the Second Circuit’s decision is here. Plaintiff, a clerk at the Riverside Institute of Technology, claimed that the principal instructed her to “alter payroll documentation…

Read More School Clerk’s Complaints About Payroll Fraud Not Protected Under the First Amendment
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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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In Carroll v. County of Monroe (2d Cir. 12-975-cv, March 12, 2013), the Second Circuit affirmed the denial of plaintiff’s motion to set aside a jury verdict (or alternatively, for a new trial) after a jury found that plaintiff failed to prove her claim (brought under 42 U.S.C. § 1983) that the shooting of her…

Read More 2nd Circuit: Police Not Liable For Killing of Dog During Execution of No-Knock Warrant
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Winfield v. Trottier, 11-4404 (2nd Cir. March 6, 2013) (JACOBS, Pooler, Hall): Plaintiffs sued a Vermont state trooper under 42 U.S.C. § 1983, alleging that he violated their Fourth and Fourteenth Amendment rights by reading an item of mail uncovered during a search of plaintiff’s car during a traffic stop. The Second Circuit held that,…

Read More Second Circuit: Police Officer Entitled to Qualified Immunity For Reading Stopped Driver’s Mail
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Caroline Stern and her boyfriend George Hess recently settled their lawsuit against New York City (and others) for $75,000. Hess and Stern were arrested by NYPD officers in 2011 after being observed dancing on a nearly-empty subway platform.  You can read more about their case here; the initial complaint is below. [scribd id=121523924 key=key-17jxctmv9wrx4jnj403j mode=scroll]

Read More NYC Pays $75,000 To Settle Dancing Arrest Case
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In Williams v. Holder, the Northern District of New York recently dismissed plaintiff’s claim, brought under Section 1983 and Bivens, that he was denied meaningful access to the courts because the prison’s law library did not contain sufficient legal materials and he was not provided with adequate legal assistance. The court summarized the law in…

Read More Court Denies Claim of Inadequate Access to Courts Based on Insufficient Law Library Materials and Assistance
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Below are three separate complaints filed yesterday by, respectively, plaintiffs Julie Lawler, Kelly Hanlin, and Damien Crisp against the City of New York and several named and “John Doe” NYPD employees, for damages and injunctive relief under, inter alia, 42 U.S.C. § 1983.  The crux of plaintiffs’ claims is that they were injured as a…

Read More OWS Pepper Spray Lawsuits
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In a March 22, 2012 opinion (authored by Judge Ralph Winter), the Second Circuit held, in Cuff v. Valley Central School District et al., that the defendant school did not violate a student’s First Amendment rights by suspending him for six days after he created a crayon drawing in which he expressed his desire to…

Read More 2d Circuit Upholds Suspension of 10-Year Old Who Expressed Desire to Blow Up School
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In Carpinone v. City of New York, No. 11 Civ. 2074 (PAE), the SDNY recently clarified the pleading requirements for a claim under Monell v. Dep’t of Social Servs., 436 U.S. 658, 694 (1978).  SDNY Judge Engelmayer dismissed plaintiff’s complaint on the pleadings under Federal Rule of Civil Procedure 12(c). Plaintiff alleged that he was…

Read More SDNY Reiterates Section 1983 / Monell Pleading Requirements
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