The greatest loophole in constitutional law is that there is no statute that allows you to sue federal officials for a constitutional violation. If you want to sue state and local officials, you can invoke 42 U.S.C. 1983, but there
Wait A Second!
The blog "Wait A Second!" published by Bergstein & Ullrich focuses on detailed analyses of recent court decisions and legal principles primarily in employment law, civil rights, and public sector litigation. It covers topics such as employment discrimination, labor law exceptions like the ministerial exception, Family and Medical Leave Act (FMLA) claims, sexual harassment standards, and indemnification issues for public officials. The blog also discusses appellate court rulings on evidentiary matters, jury instructions, and the impact of Supreme Court decisions on lower court interpretations. It provides insights into how courts interpret statutes and doctrines affecting employees, employers, and public entities.
Latest from Wait A Second! - Page 2
State and local law makes it illegal to videotape inside police station houses
The Second Circuit last year asked the New York Court of Appeals to weigh in on whether you have a right to record video inside the publicly accessible lobbies of police station houses. The New York Court of Appeals answered…
Door Dash wins free speech case against New York City
New York City enacted a law requiring that third-party delivery platforms, like Door Dash, share customer information with the restaurants whose food they are delivering. Door Dash challenged this requirement as a First Amendment violation, under the coerced speech principle.…
Good news, bad news for police misconduct plaintiff
The Second Circuit has ordered a new trial in a malicious prosecution case upon finding the district court improperly excluded recordings that could have undermined the credibility of the plaintiff and his key witness. The court also rejected the police…
Excessive force claim returns to the district court for further review
In this case, the plaintiff found himself back in jail after violating parole. While in jail, he claims, CO’s beat him up, Hence this lawsuit asserting excessive force. The trial court denied defendants’ motion for summary judgment, but the officers…
2d Circuit upholds 70% reduction in attorneys' fees in successful civil rights case
A second round of litigation follows any jury verdict in a civil rights case. The plaintiff will file a motion to recover attorneys’ fees from the losing party. This motion practice is not supposed to become a second major litigation,…
2d Circuit holds Supreme Court has changed the rules for reasonable accommodation cases
The Second Circuit holds that its prima facie test for failure-to-accommodate claims is no longer
good law following the Supreme Court’s 2015 ruling in EEOC v. Abercrombie & Fitch Stores. The Circuit thus vacated
summary judgment entered in favor…
Congestion toll program for NYC is legal
The State of New York in 2019 implemented congestion pricing, where drivers have to pay a toll for each vehicle entering Manhattan below 60th Street (except for the FDR Drive and the West Side Highway). Suburban counties in upstate New…
Union worker wins disability discrimination appeal
The Second Circuit has reinstated a disability discrimination claim, holding the jury may find that an employer denied the plaintiff a reasonable accommodation necessitated by a serious vein condition that made it painful for him to complete his driving assignments…
Disability discrimination case is reinstated on appeal
The Court of Appeals has reinstated a disability discrimination claim against a New York City agency, holding that the plaintiff sufficiently alleges the City failed to accommodate his disability. But plaintiff loses his appeal to the extent he asserted a…