Court: U.S. Court of Appeals 2nd Circuit

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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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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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In Fattoruso v. Hilton Grand Vacations Co., 12-2405 (2d Cir. May 17, 2013), the Second Circuit affirmed the dismissal of plaintiff’s retaliation claim under the New York City Human Rights Law. Plaintiff claimed that Hilton violated the NYCHRL by retaliating against him for “raising the issue of his supervisor’s inappropriate relationship with and preferential treatment of…

Read More Second Circuit Rejects Retaliation Claim Under the New York City Human Rights Law; Complaints Re: “Paramour Preference” Not Protected Activity
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The Second Circuit last week issued a summary order granding pro se (i.e., self-represented) plaintiff Diane Robinson an opportunity to amend her complaint alleging employment discrimination and retaliation.  The court’s order in Robinson v. Goulet, 12-3606 (May 17, 2013) is here. Plaintiff alleged that her manager, Peter Goulet, discriminated against her on the basis of her sex…

Read More Second Circuit Gives Pro Se Discrimination Plaintiff Another Chance
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The Second Circuit last week in Troeger v. Ellenville Cent. School District (Summary Order) affirmed a trial court’s dismissal of plaintiff’s disability discrimination lawsuit brought under the Americans with Disabilities Act (ADA). Plaintiff claimed that his employer failed to accommodate his “disability” – here, a back injury. The ADA defines a “disability”, in pertinent part, as “a physical…

Read More Disability Discrimination Claim Dismissed; Restriction on “Lifting” Did Not “Substantially” Limit a “Major” Life Activity
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Last week in Kelly v. Howard I. Shapiro & Associates Consulting Engineers, P.C. the Second Circuit affirmed the dismissal of plaintiff’s retaliation claims.  The facts, however, are not quite typical: [Plaintiff] quit her job as a human resources manager at her family business after complaining about an affair that one of her brothers, a vice president…

Read More Second Circuit Rejects “Sexual Favoritism” Claim And Clarifies The “Objectively Reasonable Belief” Element Of Retaliation
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Mihalik v. Credit Agricole Cheuvreux N. Am., Inc., decided by the Second Circuit today, again illustrates the breadth of the New York City Human Rights Law’s protections against employment discrimination and retaliation.  The Second Circuit vacated the lower court’s decision granting summary judgment to defendant and remanded the case for trial. Plaintiff alleged that her supervisor [CEO…

Read More Sexual Harassment Lawsuit Based On “Boys’ Club” Atmosphere Proceeds To Trial
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Last week in Parisi v. Goldman, Sachs & Co., the Second Circuit held that the trial court should have granted defendant’s motion to compel arbitration of claims brought by former managing director Lisa Parisi – who is one of three women suing Goldman – that she was subjected to gender discrimination.  She contends that defendant…

Read More 2nd Circuit: Under Title VII “Pattern or Practice” Refers to a Method of Proof, Not a Substantive Right
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Summa v. Hofstra (11-1743, Feb. 21, 2013):  The Second Circuit found that plaintiff student/football team manager Lauren E. Summa presented sufficient evidence to support her retaliation (but not her harassment) claims against the defendants.  Plaintiff claimed that she was harassed by several football players and then subjected to retaliation for complaining about it.  Among other things,…

Read More 2nd Circuit: Student/Coach May Continue Retaliation, But Not Harassment, Claims Against Hofstra University
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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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