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

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In O’Hara v. City of New York et al. (Summary Order dated June 18, 2014), the Second Circuit upheld a jury’s verdict that defendant police officer (McAvoy) used excessive force in arresting plaintiff (O’Hara) in violation of the Fourth Amendment (asserted through 42 USC 1983) and committed state-law battery. It held: [I]f we assume, as…

Read More Second Circuit Upholds Jury Verdict that Repeatedly Punching Unarmed, Non-Menacing Teenager is Excessive Force
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In Brown v. Daikin America, the Second Circuit (in an opinion dated June 27, 2014) held that plaintiff sufficiently alleged that his direct employer and its Japanese parent engaged in national origin and race discrimination under Title VII and NYS Human Rights Law claims. While this decision arises in the context of defendants’ motion to…

Read More White American Plaintiff Successfully Pleads Race and National Origin Discrimination Claims Against His U.S. Employer and its Japanese Parent
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In Petrone v. Hampton Bays Union Free School District (Summary Order dated May 28, 2014), the Second Circuit affirmed the dismissal of plaintiff’s disability discrimination claim. This case illustrates that, in order to succeed on a federal disability discrimination claim – whether based on an “adverse action” or “failure to accommodate” theory – an employee must identify an…

Read More Teacher With Mental Illness Loses Disability Discrimination Case, Where Requested Accommodation (Unpaid Leave) Was Not “Reasonable” Absent Assurance of Return
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In Karimian v. Time Equities, Inc., 569 Fed.Appx. 54, 13-997-cv (2d Cir. June 17, 2014) (Summary Order), the Second Circuit affirmed a district court decision granting defendants’ motion for summary judgment as to plaintiff’s hostile work environment, retaliation, and national origin discrimination claims brought pursuant to Title VII of the Civil Rights Act of 1964. “In…

Read More Cost-Reduction Measures, and Not Anti-Iranian Discrimination, Justified Termination, Second Circuit Holds
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In Schwartz v. Marcantonatos et al. (Summary Order decided May 20, 2014), the Second Circuit affirmed the denial of summary judgment to defendants on the ground of qualified immunity. This false arrest case arises out of the NYPD’s botched attempt to arrest the plaintiff as part of its “lucky bag” program. Ironically, the arresting (plainclothes) officer’s own illegal…

Read More “Lucky Bag” Operation Backfires; False Arrest Lawsuit Continues
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In Betts v. Shearman et al, decided May 2, 2014, the Second Circuit affirmed the dismissal of plaintiff’s claims for false arrest and malicious prosecution arising from his wife’s an encounter in which, he claims, his wife falsely accused him of assaulting her. Plaintiff alleged the following: On January 20, 2011 at approximately 11:30 p.m., while…

Read More Complaining Victim’s Allegedly False Accusation of Assault Insufficient to Establish False Arrest Claim
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In Sanderson v. NY State Electric & Gas Corp., No. 13-1603-cv (2d Cir. Mar. 27, 2014) (Summary Order), the Second Circuit affirmed the dismissal of plaintiff’s sex-based hostile work environment, disparate treatment, and retaliation claims. Plaintiff worked as a gas fitter for defendant. Initially, she worked on the day shift as the only woman of…

Read More “Snickering” and “Under the Breath” Comments Held Insufficient to Establish Hostile Work Environment
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The Second Circuit recently held, in Parada v. Banco Industrial De Venezuela (decided March 25, 2014), that “impairments that limit the ability to sit for long periods of time do not categorically fail to qualify as disabilities under” the Americans with Disabilities Act. Plaintiff worked for the defendant in a “largely sedentary” position. About six…

Read More Circuit Rejects “Categorical” Determination that Inability to Sit for Prolonged Periods is Not a “Disability” Under the Americans with Disabilities Act
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Recently, the Second Circuit held, in Costello v. Flatman, that the district court erred by declining to award a prevailing plaintiff attorney fees under the Americans with Disabilities Act. In this lawsuit (as explained in the district court’s March 28, 2013 opinion), wheelchair-bound plaintiff Mike Costello alleged that while visiting a Brooklyn Subway restaurant, he…

Read More Second Circuit Remands for Reconsideration of Attorney Fee Request in ADA Public Accommodation Case
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