42 USC § 1983

In Jackler v. Byrne, 658 F.3d 225 (2011), the Second Circuit vacated the trial court’s FRCP 12(c) dismissal of plaintiff probationary police officer’s Section 1983/First Amendment retaliation claim.  Plaintiff alleged that he was fired because he refused to follow instructions to retract a report that implicated a police officer in the use of excessive force…

Read More Second Circuit Vacates Dismissal of First Amendment Retaliation Claim Brought by Police Officer Fired For Failing to Submit False Report
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Gomez v. Village of Sleepy Hollow, 2011 WL 2652439 (SDNY July 6, 2011): Facts / Procedure After allegedly seeing her husband being assaulted by several members of the police and repeated, unsuccessful attempts to seek police help, plaintiff grabbed the arm of one officer (Quinoy) and demanded that he stop.  In response, Quinoy “picked her up…

Read More SDNY: no qualified immunity for police officer who picked up and threw non-threatening plaintiff to the ground
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Bradley v. Town of Cheektowaga et al., 2011 WL 2713486 (WDNY July 13, 2011): Following his arrest (during which plaintiff claimed he was beaten by the arresting officers, handcuffed, and subjected to pepper spray), plaintiff sued individual police officers and the Town of Cheektowaga, alleging excessive force, denial of medical treatment, malicious prosecution, false arrest, assault, and…

Read More Arrestee overcomes summary judgment on excessive force, assault claims
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In Badiak v. Education and Assistance Corp., 2011 WL 233901 (E.D.N.Y. Jan. 24, 2011), Plaintiff asserted several causes of action (under federal and state law) alleging age discrimination, retaliation, and hostile work environment against her former employer, a non-profit agency that provided “educational, vocational, counseling, mediation and intervention services” and ran “learning centers” that functioned as “alternative high school programs…

Read More Section 1983 Claim Against Private School Dismissed Because Complained-Of Acts Were Not Committed Under Color of State Law
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