247 results for 'court:"USDC Northern District of New York"'.
J. D’Agostino adopts a magistrate judge’s order and enters judgment in favor of the Cohoes Police Department and three of its officers on a self-represented litigant’s claims alleging Fourth and Fourteenth Amendment violations in connection with a traffic stop. The officers pulled him over for allegedly failing to turn on his turn signal within 100 feet of a stop sign and then arrested him after discovering there was a warrant out for his arrest from immigration services. He fails to allege the officers lacked probable cause to initiate the traffic stop or to arrest him.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: May 22, 2023, Case #: 1:22cv984, NOS: Other Civil Rights - Civil Rights, Categories: Immigration, Police Misconduct
J. Kahn finds the court only has subject matter jurisdiction over a conservative student group’s claims that are asserted on behalf of its members and not behalf of itself because it is not a legally recognized entity and subsequently dismisses those claims. The student group claims SUNY Binghamton University and an opposing liberal student group stifled their free speech rights in connection with campus talk it held in 2019 with a prominent conservative economic advisor favoring Trump-era policies, which was disrupted by liberal-leaning students and ultimately resulted in the suspension of their organization’s status.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: May 19, 2023, Case #: 3:20cv822, NOS: Other Civil Rights - Civil Rights, Categories: Education, Jurisdiction, First Amendment
J. Hurd awards a formerly incarcerated litigant $153,783 in attorney fees and $7,786 in costs after he prevailed on his claim for preliminary injunction which compelled Jefferson County to provide him with his methadone treatment while he was serving time in a county jail. The court finds his claim prevailed on the merits even though they are now moot and further finds his counsel’s rates to be reasonable.
Court: USDC Northern District of New York, Judge: Hurd, Filed On: May 17, 2023, Case #: 5:21cv388, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Health Care, Attorney Fees, Injunction
J. D’Agostino preserves a class action Fair Labor Standards Act suit against a Minnesota-based hardware parts supplier for paying its manual laborers employed at a warehouse in Schenectady on a biweekly basis instead of the required weekly basis. The court finds the litigant has standing and is entitled to liquidated damages after sufficiently alleging he suffered what the law considers is a loss in the time value of his wages, money that could have been invested, earned interest on or otherwise used.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: May 17, 2023, Case #: 1:22cv705, NOS: Other Labor Litigation - Labor, Categories: Employment, Class Action
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J. D’Agostino preserves a Fair Labor Standards retaliation claim against the former owner of an Albany-based Chinese restaurant, finding the Labor Department, which filed the action on behalf of three Chinese former employees, provided sufficient detail to allege the owner willfully relayed the employees’ location to local authorities in the hopes that they would be picked up by Immigration and Customs Enforcement (ICE) while they were providing deposition for a separate class action suit for unpaid wages filed against the restaurant.
Court: USDC Northern District of New York, Judge: D’Agostino, Filed On: May 11, 2023, Case #: 1:22cv886, NOS: Fair Labor Standards Act - Labor, Categories: Immigration, Class Action, Labor
J. Lovric grants a self-represented litigant’s in forma pauperis application, but also dismisses her claims for ineffective counsel and damages against two public defenders, a Utica Criminal Court Judge and the Utica District Attorney stemming from criminal charges she received. She alleges her counsel agreed to drop the criminal charges on the condition that she serve a 90-day stay in a psychiatric hospital, believing she suffered from schizophrenia, which resulted in her losing custody of her son. Her claims fail to state a claim for which relief may be granted and the defendants are protected by judicial immunity.
Court: USDC Northern District of New York, Judge: Lovric, Filed On: May 10, 2023, Case #: 6:23cv431, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Immunity, Guardianship