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Trials & Tribulations: Court of Appeals upholds decision denying NYC qualified immunity
On Dec. 22, the Court of Appeals upheld the trial court and Second Department, Appellate Division’s decisions, finding New York City liable in negligence for failing to adequately study and correct a documented speeding problem on a city street, which led to a car accident seriously injuring a 12-year-old boy. Turturro v. City of New […]
Second Circuit – Qualified Immunity: Morse v. Fusto
U.S. Court of Appeals for the Second Circuit Qualified Immunity Clearly Established Law – Constitutional Rights Morse v. Fusto 13-4074 Judges Jacobs, Sack and Droney Background: The defendants are former employees with the New York State Attorney General’s Office Medicaid Fraud Control Unit. They appeal from a judgment that denied their motions for judgment as […]
Second Circuit – Simpson v. City of New York
U.S. Court of Appeals for the Second Circuit Qualified Immunity Probable Cause Simpson v. City of New York 14-680-cv Judges Hall, Lynch and Carney Background: The plaintiff appealed from summary judgment dismissing his claims of false arrest on the ground of qualified immunity. The plaintiff alleged that she was arrested after she rebuffed the defendant […]
Supreme Court takes up high-speed chase case
WASHINGTON — The justices of the U.S. Supreme Court appeared unwilling to lift the shield of qualified immunity from police officers who shot and killed a fleeing suspect and his passenger after a high-speed car chase. During oral arguments Tuesday in Plumhoff v. Rickard, No. 12-1117, the justices were vocally skeptical of the argument by […]
Second Circuit — Qualified Immunity: Doe v. Whelan
U.S. Court of Appeals for the Second Circuit Qualified Immunity Children’s Safety — Removal without Parental Consent Doe v. Whelan 12-4137-cv Judges Cabranes, Hall and Chin Background: The plaintiffs commenced an action following the removal of three children from their home without parental consent or court order, claiming such removal violated their rights to due […]
Second Circuit — Qualified Immunity: Zalaski v. City of Harford
U.S. Court of Appeals for the Second Circuit Qualified Immunity First Amendment Protests Zalaski v. City of Harford 12-621-cv Judges Calabresi, Pooler and Raggi Background: The plaintiffs appealed from the dismissal of their claims alleging the defendant violated their First, Fourth and Fourteenth Amendment rights when they were arrested at a public event. The plaintiffs […]
Second Circuit — Qualified Immunity: Spavone v. NY State Dept. of Corr. Servs.
U.S. Court of Appeals for the Second Circuit Qualified Immunity Department of Corrections Procedures Spavone v. NY State Dept. of Corr. Servs. 11-617 Judges Leval, Katzmann and Livingston Background: The plaintiff requested a leave of absence in order to obtain treatment for his post-traumatic stress disorder. The defendants denied his request. The plaintiff brought suit […]
Second Circuit — Qualified Immunity: Winfield, et al. v. Trottier
U.S. Court of Appeals for the Second Circuit Qualified Immunity Established Right — Consent to Search Winfield, et al. v. Trottier 11-4404-cv Judges Jacobs, Pooler and Hall Background: The defendant police officer appealed from an order finding that he was not entitled to qualified immunity. The defendant was alleged to have violated the Fourth Amendment rights […]
Animal rescuers entitled to qualified immunity
Members of an animal rescue organization were state actors when they spayed and neutered animals seized by authorities and are entitled to qualified immunity in a suit brought by the animals’ former owner, the U.S. Court of Appeals for the Second Circuit ruled, Fabrikant v. Schindler, no. 10-3288-cv (Aug. 16). After receiving complaints about the […]
Qualified immunity decision leaves retaliatory arrest issue unsettled
The U.S. Supreme Court has declined to clearly answer the question of whether plaintiffs can bring First Amendment-based retaliatory arrest claims despite the existence of probable cause. The continued uncertainty has disappointed legal experts and advocates on both sides of the issue. “Before the decision it was an open legal question whether police and other […]
Second Circuit — Qualified Immunity: Ahlers v. Rabinowitz
U.S. Court of Appeals for the Second Circuit Qualified Immunity Objectively Reasonable Belief Ahlers v. Rabinowitz 10-1193-cv Judges Jacobs, Cabranes and Wesley Background: The plaintiff appealed from a judgment dismissing his claims under 42 USC § 1983. The plaintiff had been convicted as a sex-offender who had been civilly committed after his release from prison. […]
Second Circuit — First Amendment Retaliation: Nagle v. Marron, et al.
U.S. Court of Appeals for the Second Circuit First Amendment Retaliation School Teacher — Qualified Immunity Nagle v. Marron, et al. 10-1420-cv Judges Calabresi, Raggi and Gleeson Background: The plaintiff alleged that the defendants at the Mamaroneck Union Free School retaliated against her for exercising her rights under the First Amendment. The first incident involved a […]
Case Digests
- NYS Advisory Committee on Judicial Ethics – Review of another judge’s actions: Opinion 22-153
- NYS Advisory Committee on Judicial Ethics – Charitable contributions: Opinion 22-150
- Second Circuit – Class action settlement: Moses v. The New York Times Company
- 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.
Law News
- Fourth Department affirms $400K judgment in contract dispute
- Could legislation limiting non-compete agreements kick off a new era of workplace disputes?
- Fourth Department affirms decision in NY property dispute
- 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
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