42 USC § 1983

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This week in Litzman v. City of New York, Southern District of New York Judge Harold Baer largely sided with plaintiff, Probationary New York City Police Officer Fishel Litzman, in his lawsuit alleging religious discrimination. Plaintiff follows the rules and traditions of the Chabad Lubavitch Jewish community, and his Orthodox Jewish faith prohibits him from…

Read More SDNY Holds That NYPD Failed to Reasonably Accommodate Jewish Officer’s Religious Beliefs
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In a lawsuit captioned Thomas v. City of New York, EDNY 13-cv-6139 (filed 11/6/13), plaintiff Justin Thomas – a School of Visual Arts senior – alleges that he was unlawfully arrested while filming the exterior of the NYPD’s 72nd Precinct station house for his senior class video project. Here is the Gothamist article with embedded video footage…

Read More Visual Arts Student Files Civil Rights Lawsuit Following Arrest for Filming NYPD Precinct
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Recently, in Askins v. NYC, the Second Circuit explained the relationship between the liability of individual police officers, on the one hand, and that of a municipality (such as the City of New York), on the other. Specifically, it held that the dismissal of claims against individual police officers on qualified immunity and statute of…

Read More Second Circuit: Plaintiff Can Assert Municipal Liability Claims Even if Officers Have Qualified Immunity
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Here and below is the letter recently filed by the attorney for plaintiffs Victoria Burhans and Chloe Rivera in their sexual harassment lawsuit against Vito Lopez and Sheldon Silver.  It responds to Silver’s letter in which he outlines his proposed motion to dismiss the case. As to their Section 1983 claims, plaintiffs contend, in part: Silver contends that plaintiffs’…

Read More Plaintiffs Submit Further Details and Argument Supporting Claims Against Sheldon Silver in Vito Lopez Sexual Harassment Case
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A recent Second Circuit decision provides guidance on the appropriate standard to be applied in cases involving deadly police force against a suspect.  The case is Rasanen v. Brown et al., 12-680-cv, 2013 WL 3766538 (July 19, 2013). During a warranted search of John Rasanen’s home, defendant NYS trooper Brown shot and killed Rasanen.  The administrator…

Read More Citing Flawed Jury Instructions, Second Circuit Vacates Decision Denying Plaintiff New Trial in Fatal Police Shooting Case
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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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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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Below is the complaint, captioned Burhans and Rivera v. Lopez and Silver, 13 CIV 3870, filed in the Southern District of New York by Victoria Burhans and Chloe Rivera against (former) Assemblyman Vito Lopez and Assembly Speaker Sheldon Silver.   Plaintiffs allege violations of the Fourteenth Amendment (through 42 U.S.C. § 1983), the New York State Human…

Read More Federal Sexual Harassment Complaint Against Vito Lopez and Sheldon Silver
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