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Constitutional Torts: Stout v. Town of Tonawanda Police Department
U.S. District Court, Western District of New York Constitutional Torts Right of Privacy — Mental Health Stout v. Town of Tonawanda Police Department 09-CV-261 Judge Skretny Background: Plaintiff David Stout commenced this action in New York State Supreme Court on Feb. 20, 2009. Stout, a retired police officer, alleges that the defendants discriminated against him […]
Constitutional Torts: Rotundo v. Village of Yorkville
U.S. District Court, Northern District of New York Constitutional Torts Public Employment — First Amendment Retaliation Rotundo v. Village of Yorkville 09-CV-1262 Judge Hurd Background: Plaintiffs Benedict Rotundo Jr. and Kelly Rotundo bring this action against defendants Village of Yorkville, Bruno A. Petruccione as village mayor, Thomas J. Thomas, village deputy mayor, Village Trustees Anthony[...]
Constitutional Torts: Picciano v. McLoughlin
U.S. District Court, Northern District of New York Constitutional Torts Evidence — Prejudice — Credibility Picciano v. McLoughlin 07-CV-781 Judge Suddaby Background: Currently before the court, in this civil rights action filed by Richard J. Picciano against City of Auburn Police Officer Stephan McLoughlin, is the plaintiff’s motion for a new trial based on the […]
Constitutional Torts: Nieves v. County of Monroe
U.S. District Court, Western District of New York Constitutional Torts Malicious Prosecution Nieves v. County of Monroe 08-CV-6538 Judge Larimer Background: Plaintiff, Pablo Nieves and his wife commenced this action against the County of Monroe, the City of Rochester, New York, Rochester Police Investigator Catherine Lucci, the Monroe County Office of Child Protective Services and […]
Constitutional Torts: Matson v. Board of Education
U.S. Court of Appeals, Second Circuit Constitutional Torts Medical Privacy Matson v. Board of Education 09-3773-cv Appealed from the Southern District of New York Background: In this action, Matson alleges that the BOE had publicly disclosed that she suffers from fibromyalgia, in violation of her constitutional right to privacy. The disclosure occurred when, in connection […]
Constitutional Torts: Haynes v. Zaporowski
U.S. District Court, Western District of New York Constitutional Torts Rights of Parolee — Violations of Parole Haynes v. Zaporowski 10-CV-224 Judge Arcara Background: On March 17, the plaintiff commenced this case by filing a complaint that set forth 11 different claims under §1983 against various combinations of the named defendants. All 11 claims ultimately […]
Constitutional Torts: Mustafa v. Syracuse City School District
U.S. District Court, Northern District of New York Constitutional Torts Religious Freedom Mustafa v. Syracuse City School District 05-CV-813 Judge Scullin Background: On June 29, 2004, plaintiff Abdul-Raoof Mustafa, f/k/a Randolph Thompson, filed an action asserting a First Amendment retaliation claim pursuant to 42 U.S.C. §1983; a Title VII claim for religious discrimination and failure [&hellip[...]
Constitutional Torts: MacFall v. City of Rochester
U.S. District Court, Western District of New York Constitutional Torts Public Employment MacFall v. City of Rochester 09-CV-6113 Judge Larimer Background: The action is rooted in an altercation involving two groups of people and several officers of the Rochester Police Department in the early morning hours of June 1, 2007. An event that “might have […]
Constitutional Torts: Murray v. Coleman
U.S. District Court, Western District of New York Constitutional Torts Murray v. Coleman 08-CV-6383 Judge Larimer Background: The plaintiff, William A. Murray, proceeding pro se, brings action against a number of employees of the New York State Department of Correctional Services, and Judith Ratner, an employee of the Department of Civil Service. Murray alleges that, […]
Constitutional Torts: Dewitt v. City of Troy
U.S. District Court, Northern District of New York Constitutional Torts False Arrest Dewitt v. City of Troy 09-CV-16 Judge McAvoy Background: Plaintiffs Jamel DeWitt and Marquese Hill commenced an instant action against the defendants, asserting claims pursuant to 42 U.S.C. §1983 for denial of liberty, unlawful search and seizure, the use of excessive force, malicious […]
Constitutional Torts: Yevstifeev v. Steve
U.S. District Court, WDNY Constitutional Torts State Actor Requirement-Independent Court Reporter Yevstifeev v. Steve 08-CV-6476 Judge Larimer Background: Plaintiffs Igor Yevstifeev and his wife, Sviatlana Harnizonava proceeding pro se, bring action against the Town of Brighton Police Department, its police chief, two police officers, the Brighton Town Court and court reporter Frank Scarcelli. In [...]
Constitutional Torts: Emmerling v. Town of Richmond
U.S. District Court, Western District of New York Constitutional Torts Government Employment Emmerling v. Town of Richmond 09-CV-6418 Judge Siragusa Background: The plaintiff alleges the Town of Richmond, Supervisor Ralph Angelo and Town Board Member John Luther, together with a private citizen, Douglas Dulen, violated his federal constitutional rights. Before the court are the defendant’s [&hel[...]
Case Digests
- Fourth Department – Breach of contract: Hausrath Landscape Maintenance Inc. v. Caravan Facilities Management LLC
- Second Circuit – New York Child Victim’s Act: Kane v. Mount Pleasant CSD; Coe v. Eastport Union Free School
- NYS Advisory Committee on Judicial Ethics – Appointing law clerk: Opinion 22-149
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
Law News
- Greenlight Networks selects Buffalo-based attorney as general counsel
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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