Second Circuit adopts Cat's Paw Liability in Title VII Employment Retaliation Case
The New York Law Journal reported that "The U.S. Court for the Second Circuit explicitly recognized so-called 'cat's paw' liability, where an employer can be held liable for being the negligent conduit of an employee's retaliatory intent." The Second Circuit described "Plaintiff Andrea Vasquez, an emergency medical technician working for Empress Ambulance Service, Inc. ("Empress"), [who was] was subjected to unwanted sexual overtures by another Empress employee while on the j
Freedom of Information Law (FOIL) - The NYPD may not pass the costs associated with reviewing or red
Policy Body Cameras have become integral to law enforcement and police accountability. The New York City Police Department (NYPD) commenced a pilot program utilizing these body cameras. In Matter of Time Warner Cable News NY1 v New York City Police Dept. (Aug. 1, 2016, New York County), news reporter Courtney Gross, sought access to the video recordings taken in conjunction with the program during five week-long periods pursuant to the Freedom of Information Law (FOIL). She s
New York City Police detain and handcuff Fifth Grader who leaves School after Teacher tells Student
The New York Law Journal Headline read that "A Manhattan judge ruled that two New York City police officers lawfully detained a non-English speaking public school student who left school and went home without permission after his teacher told him that he could not take part in a class field trip." The infant-plaintiff was W.C., a fifth grade student at P.S. 137, who was not allowed to go on a school field trip but, instead, simply left the school without anyone letting his pa
Southern District Dismisses Civil Rights Complaint as Time Barred
Often confusing is what date the statute of limitations for civil rights claims accrue and when do these claims expire. As the Plaintiff in Anderson (14-CV-7162, SDNY) can attest to, Federal District Courts, here the Southern District of New York, will dismiss a claim that is time-barred due to the expiration of the statute of limitations. The Southern District Court here reitterates that: Under New York law, the statute of limitations for §1983 claims, including false arrest
Lifetime License Revocation Regulation Survives, Again...
After criminal charges, plea bargains hardships and interlock devices, you may be facing permanent license revocation. New rules allow for the permanent revocation of a person's driver's license after a certain amount of driving-related offenses. As reported by Joel Stashenko of the New York Law Journal, "[s]ince promulgated, the rules have led to extended suspensions or revocations of more than 8,000 drivers' licenses for DWI-related violations, according to DMV statistics."
