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 LawsuitsLast week, plaintiff Robert Bell filed a complaint (see below) against NYPD officers and the City of New York following his arrest for – any guesses, given the graphic? – giving cops the finger. Plaintiff brought his claims under 42 U.S.C. §1983, Monell, the New York constitution, and New York common law. Mr. Bell was…
Read More Man Arrested For Giving Cops the Finger SuesIn 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 SchoolIn 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 RequirementsBelow is a copy of the complaint, captioned Sowers v. City of New York (SDNY 12-cv-1294), filed in the Southern District of New York by Chloe Sowers against the City of New York, NYPD officer Kevin McKeon, and New York Downtown Hospital. In it, Ms. Sowers alleges that while she was waiting for the Staten…
Read More Lawsuit Seeks Damages for False Arrest and Involuntary Hospitalization Arising From Non-Disruptive Public IntoxicationIn Nagle v. Marron et al. (decided Dec. 12, 2011), the Second Circuit vacated a district court’s grant of summary judgment against a schoolteacher (Nancy Nagle) who alleged, under 42 U.S.C. 1983, that she was denied tenure and terminated in retaliation for exercising her First Amendment rights – namely, reporting a fellow teacher for abusing students…
Read More Second Circuit Vacates Discmissal of Teacher’s First Amendment Retaliation ClaimFrank v. State of New York et al., 2011 NY Slip Op 04588 (App. Div. 3d Dept. June 2, 2011): Plaintiff, a state employee, asserted claims under the public-sector whistleblower law (Civil Service Law § 75-b) and 42 U.S.C. § 1983 after he was demoted, then terminated, following his complaints of “improper governmental practices” that allegedly…
Read More NY Appellate Division: NY whistleblower election-of-remedies provision does not bar Section 1983 claimIn Jackler v. Byrne, 658 F.3d 225 (2011), the Second Circuit vacated the trial court’s FRCP 12(c) dismissal of plaintiff probationary police officer’s Section 1983/First Amendment retaliation claim. Plaintiff alleged that he was fired because he refused to follow instructions to retract a report that implicated a police officer in the use of excessive force…
Read More Second Circuit Vacates Dismissal of First Amendment Retaliation Claim Brought by Police Officer Fired For Failing to Submit False ReportGomez v. Village of Sleepy Hollow, 2011 WL 2652439 (SDNY July 6, 2011): Facts / Procedure After allegedly seeing her husband being assaulted by several members of the police and repeated, unsuccessful attempts to seek police help, plaintiff grabbed the arm of one officer (Quinoy) and demanded that he stop. In response, Quinoy “picked her up…
Read More SDNY: no qualified immunity for police officer who picked up and threw non-threatening plaintiff to the groundBradley v. Town of Cheektowaga et al., 2011 WL 2713486 (WDNY July 13, 2011): Following his arrest (during which plaintiff claimed he was beaten by the arresting officers, handcuffed, and subjected to pepper spray), plaintiff sued individual police officers and the Town of Cheektowaga, alleging excessive force, denial of medical treatment, malicious prosecution, false arrest, assault, and…
Read More Arrestee overcomes summary judgment on excessive force, assault claims