Court: EDNY

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In Pittman v. Incorporated Village of Hempstead, the Eastern District of New York held that plaintiff’s excessive force claim survived summary judgment. The “Fourth Amendment protects individuals from the government’s use of excessive force when detaining or arresting individuals. … A police officer’s use of force is excessive in violation of the Fourth Amendment[] if it…

Read More Injury to Arrestee’s Head and Ear Results in Denial of Summary Judgment to Officer on Excessive Force Claim
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In Vormittag v Unity Elec. Co., Inc., 12 CV 4116 RJD RLM, 2014 WL 4273303 [EDNY Aug. 28, 2014], the Eastern District of New York granted defendant’s motion for summary judgment on plaintiff’s age discrimination claim, but denied it with respect to plaintiff’s retaliation claim. Plaintiff sued after being furloughed and fired due to a large-scale…

Read More Father’s Third-Party Retaliation Claim Arising From Daughter’s Sex Discrimination Charge Survives Summary Judgment
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In a recently-filed complaint, five plaintiffs allege that they were subject to discrimination and a hostile work environment based on their race and disabilities while employed by Levy Premium Foodservice Limited Partnership, which provides food and catering services for Brooklyn Events Center, d/b/a Barclays Center. Plaintiffs (who are black) allege that defendants subjected plaintiffs to…

Read More Lawsuit Alleging Race and Disability Discrimination Against Barclays Center
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In Dorgan v. Suffolk County Community College, 12-cv-0330 (EDNY Aug. 4, 2014), the Eastern District of New York granted defendants summary judgment on plaintiff’s claim of disability discrimination under the Americans with Disabilities Act (ADA). Plaintiff, who was diagnosed with bipolar II disorder, alleged that defendants subjected her to discrimination and terminated her based on…

Read More Decision: Bipolar Plaintiff’s Disability Discrimination Case Dismissed
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The U.S. Equal Employment Opportunity Commission filed a federal lawsuit on July 31, 2014 against Seapod Pawnbrokers, a Brooklyn and Queens-based business, alleging that its owner harassed workers because of their sex, race, and ethnicity, and then fired them for complaining. According to the agency’s press release, the harassment included referring to employees, most of whom were…

Read More EEOC Lawsuit Alleges Sexual Harassment, Hostile Work Environment, Race Discrimination, National Origin Discrimination, and Retaliation Against Seapod Pawnbrokers
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A Brooklyn federal jury recently awarded $40,000 (comprising $10,000 compensatory, $30,000 punitive) to plaintiff Corey Lashley on his claims of quid pro quo sexual harassment, hostile work environment, discrimination, and retaliation. Plaintiff alleged in his complaint that his female boss – who hired him after meeting him at a nightclub – sexually harassed him and fired him after he rebuffed…

Read More Jury Awards $40,000 to Man Sexually Harassed by Female Boss
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Yesterday a Brooklyn federal jury awarded (verdict sheet here) plaintiff Kevin Jarman $510,000 ($480,000 compensatory, $30,000 punitive) in damages arising from alleged excessive force during an arrest for shoplifting from a Path Mark store. Plaintiff alleged in his complaint that after he was handcuffed, the arresting officer “yanked very violently on the handcuffs” which caused plaintiff to lose…

Read More Jury Awards $510,000 to Man Whose Ankle Was Broken By Police
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Here’s the complaint recently filed by Vanessa Harris and Kimberly Mealer against McDonald’s Corporation and others, in which they allege sexual harassment, race discrimination, retaliation, hostile work environment, retaliation, and constructive discharge. (This isn’t the first time McDonald’s has been in hot water over allegations of sexual harassment.) They claim (among other things) that their white manager…

Read More Not Lovin’ It: Lawsuit Alleges Sexual Harassment at McDonald’s
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In Codrington v. Carco Group (decided June 27, 2014), the Eastern District of New York held that plaintiff stated a plausible pregnancy discrimination claim under Title VII of the Civil Rights Act of 1964. In sum, plaintiff claims that defendant replaced her with a younger non-mother six weeks after she gave birth and while she was on…

Read More Plaintiff Plausibly Alleges Pregnancy Discrimination Where She Was Replaced by Non-Pregnant Employee
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In Martin v. J.C. Penney, decided by the Eastern District of New York on June 10, 2014, Judge Weinstein denied defendants’ motion for summary judgment on plaintiff’s claims under 42 USC 1981 and the New York State and City Human Rights Laws. Plaintiffs, “dark-skinned females who dress in stereotypically male attire”, sued after being detained for…

Read More Alleged Shoplifters’ Race and “Perceived Sex” Discrimination Claims Continue Against J.C. Penney
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