42 USC § 1983

In Klymn v. Monroe County Supreme Court et al, 2022 WL 16950048 (W.D.N.Y. Nov. 15, 2022), the court, inter alia, denied defendant’s motion to dismiss plaintiff’s claim of hostile work environment sexual harassment asserted against a former New York State Supreme Court Judge. As to the sufficiency of the allegations, the court explained: Lastly, having…

Read More Hostile Work Environment Sexual Harassment Claim Survives Dismissal Against Former Judge; Acts Dating Back to 2005 May be Considered
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In Myers v. Inspector Mary Christine Doherty et al, 2022 WL 4477050 (2d Cir. Sept. 27, 2022), the U.S. Court of Appeals for the Second Circuit affirmed the dismissal (for failure to state a claim) of plaintiff’s hostile work environment claim asserted under 42 U.S.C. § 1983 (the analysis of which parallels the evaluation of…

Read More Hostile Work Environment Dismissal Affirmed; Conduct, Though Unpleasant, Was Too Sparse to be Actionable
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In White v. Manhattan and Bronx Surface Transit Operating Authority et al, 18 Civ. 3627 (GBD), 2022 WL 4227289 (S.D.N.Y. Sept. 13, 2022), the court, inter alia, granted defendants’ motion for summary judgment on plaintiff’s sex-based hostile work environment claim. Applying the law, the court held: After reviewing the entire record and assessing the facts…

Read More Sex-Based Hostile Work Environment Claim Dismissed Against MABSTOA
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In Gooch v. Electric Power Board of Metropolitan Nashville and Davidson County d/b/a Nashville Electric Service, No. 3:20-cv-01001, 2022 WL 2196267 (M.D.Tenn. June 17, 2022), the court held that plaintiff presented sufficient evidence to survive summary judgment on his race-based hostile work environment claim under 42 U.S.C. §§ 1981 and 1983. The court summarized the…

Read More Race-Based Hostile Work Environment Claim Survives Summary Judgment; Evidence Included Presence of Nooses
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In Campo v. City of New York et al, 2022 WL 970730 (E.D.N.Y. March 31, 2022), the court, inter alia, denied defendants’ motion for summary judgment as to several claims, including plaintiff’s “supervisory liability” claim against several individual defendants in connection with her sexual harassment claim. This decision is instructive as to how courts assess…

Read More Sexual Harassment (Hostile Work Environment) Claim Proceeds Against Individual Defendant on “Aiding and Abetting” / “Negligent Supervision” Theory
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In Myers v. Inspector Mary Christine Doherty et al, No. 21 Civ. 219, 2021 WL 5599502 (S.D.N.Y. Nov. 30, 2021), the court, inter alia, granted defendants’ motion to dismiss plaintiff’s complaint alleging a race-based hostile work environment under 42 U.S.C. § 1983 and the New York City Human Rights Law. The court held that plaintiff’s…

Read More Hostile Work Environment Claim Dismissed; “Hostile Looks”, “Castigation”, “Coldness” Bow Tie Remarks Held Insufficient
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In Murray v. Williamsville Central School District, 2021 WL 1610201 (WDNY April 26, 2021), the court, inter alia, dismissed various constitutional claims asserted by plaintiff – a middle school teacher – who alleges that his employer (the defendant school district) deprived him of his liberty interest in his reputation and free speech rights after he…

Read More Court Dismisses Teacher’s Section 1983 & 1st and 14th Amendment Claims Arising From Alleged Showing of Pornographic Film to Students
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In Legg v. Ulster County, 2020 WL 6325857 (2d Cir. Oct. 29, 2020), the court, inter alia, affirmed the lower court’s denial of defendant’s post-verdict motion for judgment as a matter of law (per Federal Rule of Civil Procedure 50(b)) on a female plaintiff officer’s hostile work environment/sexual harassment claim under Title VII of the…

Read More Hostile Work Environment Sexual Harassment Verdict Upheld
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In Triana v. NYC Health & Hospitals, No. 152276/2019, 2020 NY Slip Op 30605(U), 2020 WL 1031379 (N.Y. Sup Ct, New York County Feb. 20, 2020), the court, inter alia, dismissed plaintiff’s race-based hostile work environment claims asserted under 42 USC §§ 1981 and 1983 and the New York City Human Rights Law. The court…

Read More Hostile Work Environment Claim Dismissed; Accent Comments Held Insufficient
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