NYLJ Eastern District Roundup
Posted: March 11, 2022 / Written by: Harvey M. Stone, Richard H. Dolan /
Evidence Properly Seized, Abuse Claims Barred, University's Motion Granted
This column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Eric Komitee declined to suppress a gun and evidence of marijuana possession seized in an automobile search. Judge Eric N. Vitaliano held that (1) plaintiff's claims under §1983 and Title IX of the Education Amendments Act of 1972 relating to sexual abuse of a minor are barred by the applicable statutes of limitations, and (2) New York's Child Victims Act, which extended the time for filing tort claims in such matters, does not apply. And Judge Brian M. Cogan granted Long Island University's motion for judgment on the pleadings in a suit filed by several students asserting claims based on the suspension of in-person classes.