8 results for 'judge:"Sharpe"'.
J. Sharpe denies motions for summary judgment a female special prosecutor and inspector general’s two remaining employment retaliation claims against her employer, the New York agency that advocates for people with special needs. The court finds there are triable issues as to whether her complaint regarding a sexual relationship between her supervisor and one of his subordinates was alleging quid pro quo sexual harassment and whether or not the retaliation she suffered, including being excluded from meetings, constituted adverse employment actions.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: December 18, 2023, Case #: 1:19cv1446, NOS: Employment - Civil Rights, Categories: Government, Employment Retaliation
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. 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
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J. Sharpe preserves First Amendment and equal protection retaliation claims brought by a female former special counsel of the New York State Division of Criminal Justice Services against her supervisor. She alleges her supervision demoted her in retaliation for voluntary testimony she provided in an investigation into complaints that he was acting inappropriately towards female employees. The court finds her testimony relate to matters of the state and is therefore protected speech under the First Amendment. As well, the court finds the supervisor’s defenses for her demotion are undercut by allegations that parts of her testimony were corroborated by other employees, which could lead a jury to believe the reasons were pretextual and that her demotion was retaliatory.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: August 25, 2023, Case #: 1:18cv619, NOS: Employment - Civil Rights, Categories: Equal Protection, Employment Retaliation, First Amendment
J. Sharpe grants in part a motion to dismiss and trims down a Greene County resident’s civil rights action with claims stemming from two altercations he had with local sheriffs, including false arrest and imprisonment, unlawful search and seizure and failure to intervene. The only claim to survive the partial motion was a single claim for unlawful search and seizure under state law asserted against the county, finding under circuit court precedent there is no adequate alternative remedy pursuant to federal law for his claim.
Court: USDC Northern District of New York, Judge: Sharpe, Filed On: June 7, 2023, Case #: 1:22cv276, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Police Misconduct