247 results for 'court:"USDC Northern District of New York"'.
J. Sharpe finds in favor of a town police officer on a citizen’s excessive force claims stemming from an incident at a traffic stop. The litigant alleges that, after being given permission by a separate officer to discard a marijuana cigarette, the defendant police officer mistakenly assumed he was destroying or concealing evidence, pulled him from his friend’s car, brought him to the ground and pressed his knee against his back before being stopped by the other officer. The court finds the officer is protected by qualified immunity and that, despite being a mistake, finds his actions were not unreasonable especially in light of the fact that the altercation lasted less than a minute.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: October 23, 2023, Case #: 1:21cv597, NOS: Other Civil Rights - Civil Rights, Categories: Immunity, Police Misconduct
J. Hummel dismisses an employment-related disability discrimination and retaliation complaint brought against the New York comptroller. A female employee alleges the state agency denied her request to work from home as a preventative measure to avoid exposure to Covid-19 after she was hospitalized with a pulmonary embolism, and afterwards subjected her to a hostile work environment. Her claims under FMLA, ADA and New York Human Rights Law are barred by sovereign immunity, and the court finds it does not have jurisdiction to resolve claims brought under the New York State Paid Family Leave, which it recommends should instead be brought under a state workers’ compensation law.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: October 13, 2023, Case #: 1:23cv577, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Sannes dismisses four public officials in Hudson, New York, from a civil rights lawsuit asserting claims for false arrest, unlawful search and seizure, and malicious prosecution stemming from their involvement in a citizen’s arrest on charges of attempted murder with a gun and conspiracy to commit murder. The litigants allege the arrest was part of an ongoing investigation into a local gang called “Men Outta Business.” The two local district attorneys who brought the charges against the litigant are both protected by sovereign immunity, and the litigant fails to allege any personal involvement on the part of the police chief or one of the named police officers.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 1:22cv1152, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Malicious Prosecution, Immunity
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Sannes denies a motion for a temporary restraining order and preliminary injunction that seeks to prevent the closure of a family group home located in the city of Kingston, New York. The operator claims the city zoning board’s denial of its special use permit was motivated by discriminatory animus against residents suffering from substance abuse and mental health disorders. However, the court finds their claims will most likely not succeed on the merits because the city proffered enough evidence to show their denial was based on a list of safety hazards that the boarding house ultimately failed to address.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 1:23cv1024, NOS: Housing/Accommodations - Civil Rights, Categories: Civil Rights, Evidence, Zoning
J. Sannes grants a motion to certify a class action lawsuit against a regional bank for purposes of a settlement and simultaneously grants preliminary approval of the parties’ proposed settlement agreement to resolve claims that the bank applied overdraft fees on customers’ checking accounts even though sufficient funds were available. The court finds the proposed settlement fair, reasonable and adequate and schedules final approval for March 1, 2024.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 13, 2023, Case #: 3:22cv9995, NOS: Other Contract - Contract, Categories: Settlements, Banking / Lending, Class Action
J. D’Agostino rules on a partial motion to dismiss and trims a trademark dispute lawsuit that alleges a small restaurant in a town nestled on the edge of Oneida Lake in upstate New York infringes on the Old Spaghetti Factory trademark name. The court finds the use of the trademark name could cause confusion with customers, but does not find that the restaurant operator acted in bad faith.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: October 10, 2023, Case #: 6:23cv13, NOS: Trademark - Property Rights, Categories: Trademark
J. Sannes declines to enter default judgment against one of the transportation firms involved in the loss of the litigant’s cargo, which included $70,000 worth of auto parts, during transport from New York to Texas. The court finds several claims are preempted by the Carmack Amendment governing interstate commerce, and the litigant fails to provide any evidence that firmly establishes the contractual arrangement between itself and those involved.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: October 10, 2023, Case #: 6:22cv1081, NOS: Other Contract - Contract, Categories: Commerce, Transportation, Contract
J. Hurd denies, in part, a motion to dismiss and preserves two women’s false arrest, excessive force and malicious prosecution claims against two DeWitt police officers that alleged they forcibly arrested the litigants without cause after they attempted to leave a Walmart following an altercation with a separate group of women inside the store. The court finds their claims are not a rehash of their previous state law action for purposes of res judicata because the state court judge overseeing their claims had exceeded his authority by ruling on the merits of their claims despite initially dismissing the complaint for defective service.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: October 5, 2023, Case #: 5:23cv390, NOS: Other Civil Rights - Civil Rights, Categories: Jurisdiction, Police Misconduct
J. Sharpe denies summary judgment, in part, and preserves a former police officer’s due process and free speech retaliation claims against several public officials with the village of Chittenango in their individual capacities stemming from his termination from the force. Central to his claims is whether or not he was still on probation and considered an at-will employee when he was terminated, which the court finds remains in dispute. As well, the court finds a jury could determine that he was fired in response to complaints he made regarding the condition of his police vehicle.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: October 4, 2023, Case #: 5:19cv416, NOS: Employment - Civil Rights, Categories: Employment Retaliation, Labor
J. Lovric grants a self-represented litigant’s application to proceed in forma pauperis and simultaneously dismisses, for lack of subject matter jurisdiction, her medical negligence claims which allege a doctor employed with the Broome County Sheriff’s Department failed to order the appropriate blood tests for her, which required her to receive a large blood transfusion. Her claims are not actionable under federal law.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: September 29, 2023, Case #: 3:23cv1107, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Jurisdiction, Medical Malpractice
J. McAvoy dismisses a deputy sheriff’s employment discrimination and retaliation complaint alleging the Madison County sheriff’s department denied his request for accommodation after disclosing he suffered from epileptic seizures, and following his decision to file a complaint regarding the treatment, his supervisors became actively hostile towards him, resulting in his termination from the force. The deputy sheriff fails to show how he could perform the essential duties of his position given his disability.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 27, 2023, Case #: 5:22cv1111, NOS: Amer w/Disabilities-Employment - Civil Rights, Categories: Ada / Rehabilitation Act, Employment Discrimination
J. Sannes awards a New York-based gun rights advocacy group $443,601 in attorney fees and $4,099 in costs after the U.S. Supreme Court agreed with their claims and struck down a state law that prevented gun owners from carrying a firearm outside of their homes for self-defense purposes on the grounds that the law violated their constitutional rights. The court finds that, despite the challenges of litigating a case in front of the U.S. Supreme Court, their initial demand of more than $1.2 million is unreasonable, so the court adjusts their hourly rates to better fit with cases in specialized areas of law previously filed in New York federal judicial districts.
Court: USDC Northern District of New York, Judge: Sannes, Filed On: September 22, 2023, Case #: 1:18cv134, NOS: Constitutionality of State Statutes - Other Suits, Categories: Constitution, Firearms, Attorney Fees
J. Suddaby finds in favor of an insurer and issues a declaration that it is not obligated to provide coverage for the alleged acts of its insureds' son, who was sued in state court for allegedly sexually assaulting an individual during a party at the insureds' home. The policy expressly excludes coverage for bodily injury as a result of actions that are considered "intentional and criminal acts".
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: September 19, 2023, Case #: 1:21cv1039, NOS: Insurance - Contract, Categories: Insurance
J. McAvoy dismisses an inmate's remaining due process claims alleging a group of New York State parole officers submitted perjured testimony at his parole hearing, which resulted in his parole being revoked and his subsequent return to jail. Despite his arguments to the contrary, the inmate's claims attempt to invalidate his conviction or the parole board's decision to revoke his parole, which is prohibited under Section 1983.
Court: USDC Northern District of New York, Judge: McAvoy, Filed On: September 19, 2023, Case #: 5:21cv1098, NOS: Other Civil Rights - Civil Rights, Categories: Due Process, Police Misconduct, Prisoners' Rights
J. Hummel grants an environmental journalist's application to proceed in forma pauperis and further denies, in part, a motion to dismiss his due process and First Amendment free speech and right to association claims. He adequately alleges at a very early stage of litigation that the New York State Department of Environmental Conservation refused to respond to his application for a license to become an outdoor guide in retaliation for his reporting on New York State's proposed plans regarding the use of the state's wild forest lands.
Court: USDC Northern District of New York, Judge: Hummel, Filed On: September 19, 2023, Case #: 8:23cv463, NOS: Other Civil Rights - Civil Rights, Categories: Environment, First Amendment
J. D'Agostino dismisses a Bosnian Muslim woman's employment discrimination complaint filed against her employer alleging failure to promote, disparate job duties, inadequate pay raises and wrongful termination on the basis of race, religion, gender and disability status. She fails to allege the employer's actions were motivated by discriminatory animus.
Court: USDC Northern District of New York, Judge: D'Agostino, Filed On: September 19, 2023, Case #: 6:22cv359, NOS: Employment - Civil Rights, Categories: Employment Discrimination
J. D'Agostino finds in favor of the owner of a now-defunct Japanese and Chinese restaurant located in Albany and dismisses a class action and putative collective unpaid wages lawsuit brought by a group of restaurant employees. The employees did, in fact, receive wages beyond what federal law requires when including the $1,000 they each received in lodging expenses.
Court: USDC Northern District of New York, Judge: D'Agostino, Filed On: September 19, 2023, Case #: 1:17cv148, NOS: Fair Labor Standards Act - Labor, Categories: Employment, Class Action, Labor