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Plaintiff may challenge her termination under Due Process Clause
By secondcircuitcivilrightsblogsecondcircuitcivilrig
This appeal raises a complex issue relating to res judicata. Lawyers know about res judicata; the general public not so much. But this doctrine -- which prevents you from bringing…
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Bivens claim survives appellate review
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
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State and local law makes it illegal to videotape inside police station houses
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
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Door Dash wins free speech case against New York City
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
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Good news, bad news for police misconduct plaintiff
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
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Excessive force claim returns to the district court for further review
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
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2d Circuit upholds 70% reduction in attorneys' fees in successful civil rights case
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
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2d Circuit holds Supreme Court has changed the rules for reasonable accommodation cases
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
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Congestion toll program for NYC is legal
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…
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Union worker wins disability discrimination appeal
By secondcircuitcivilrightsblogsecondcircuitcivilrig
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…