Posted by Solomon N. Klein, Litigation Partner District Judge Sandra J. Feuerstein dismissed an action against a Jane Doe defendant after finding that plaintiffs failed to take reasonable steps to discover the identity of the Jane Doe defendant. The Court held that “while courts ‘typically resist dismissing suits against John Doe defendants until the plaintiff... Read more »
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Posts Categorized: Civil Rights
Computer-Generated Avatar May Constitute a “Portrait” Within the Meaning of Civil Rights Law Article 5
On March 29, 2018, the Court of Appeals issued a decision in Lohan v. Take-Two Interactive Software, Inc., 2018 NY Slip Op. 02208, holding that a computer-generated avatar may constitute a “portrait” within the meaning of Civil Rights Law article 5, explaining: The language of a statute is generally construed according to its natural and... Read more »
Hispanic Describes a Race for Purposes of § 1981 and Title VII
On February 16, 2016, the Second Circuit issued a decision in Village of Freeport v. Barrella, 14‐2270‐CV(L), reviewing a decision by the EDNY determining “whether ‘Hispanic’ describes a race for purposes of § 1981 and Title VII.” In Village of Freeport, the plaintiff sued the defendant village and its former mayor “under 42 U.S.C. §... Read more »
Court-Appointed Guardian Ad Litem Not a State Actor
On December 22, 2015, the Second Circuit issued a decision in Milan v. Wertheimer, 14‐3527‐CV, holding that court-appointed law guardians are not state actors for the purposes of Section 1983. In Milan v. Wertheimer, the plaintiff brought Section 1983 claims against several defendants, including two lawyers (Fred Wertheimer and Denise Costanza) who were “law guardians,... Read more »
Second Circuit Recognizes Retaliation Claims Under Section 1983
On September 2, 2015, the Second Circuit issued a decision in Vega v. Hempstead Union Free School District, 14‐2265‐CV, recognizing the existence of a retaliation claim under Section 1983. In Vega, the plaintiff school teacher brought an action in the EDNY against his school district and two administrators alleging claims for “discrimination and retaliation claims... Read more »