Cases

OPINION AND ORDER SHIRA A. SCHEINDLIN, District Judge. I. INTRODUCTION AND BACKGROUND Hopeton Francis has sued the City of New York, Warden Baily of the George Motchan Detention Center at Riker’s Island, two corrections officers, and a Department of Corrections investigator, alleging violations of Section 1983 of Title 42 of the United States Code. According to the Second Amended C

SUMMARY ORDER Appellants appeal from an opinion and order dismissing their complaint in its entirety. We assume familiarity with the facts and proceedings below. We affirm in part, vacate in part, and remand for further proceedings consistent with this summary order. “We review de novo a district court’s determination that, as a matter of law, it lacks jurisdiction over the case[,]” Phifer v. City of New

SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the appeal is DISMISSED in part and the case is REMANDED to the district court. After two jury trials, the United States District Court for the Eastern District of New York (John Gleeson, Judge) entered judgment in this case on September 28, 1999 (the “first judgment”). The district court decided a number of p

CALABRESI, Circuit Judge: In the United States District Court for the Eastern District of New York (John Gleeson, Judge), plaintiff H. George Francis, a man of Jamaican national origin, won a jury verdict finding that the City of New York and its Human Resources Administration (“HRA”) (collectively “defendants” or “the City”) had discriminated against Francis by failing to promote him because of his national origin. S

235 F.3d 763 (2nd Cir. 2000) H. GEORGE FRANCIS, Plaintiff-Appellee-Cross-Appellant,v.CITY OF NEW YORK and HUMAN RESOURCES ADMINISTRATION, Head Start Division (HRA Agency for Child Development), Defendants-Appellants-Cross-Appellees. Docket Nos. 00-7286, 00-7364August Term, 2000 UNITED STATES COURT OF APPEALSFOR THE SECOND CIRCUIT Argued: November 13, 2000

Matter of Francis v New York State Dept. of Corr. & Community Supervision (2024 NY Slip Op 24206) [*1] Matter of Francis v New York State Dept. of Corr. & Community Supervision 2024 NY Slip Op 24206 Decided on July 26, 2024 City Court Of Rochester, Monroe County

SUMMARY ORDER Joseph Iocovello appeals from the district court’s grant of summary judgment, dismissing on qualified immunity grounds, his false arrest claims brought under 42 U.S.C. § 1983 and New York state law against New York City Police Officer Erica Francis. Iocovello argues on appeal that the district court adopted the defendants’ version of disputed facts and relied on the erroneous proposition that, under N

Order, Supreme Court, New York County (Ellen M. Coin, J.), entered May 4, 2016, which, to the extent appealed from as limited by the briefs, denied plaintiff’s motion to strike defendants’ answers for discovery violations, unanimously modified, on the law, the facts, and in the exercise of discretion, to strike the answer of defendants the City of New York and the Metropolitan Transportation Authority (MTA), and o

MEMORANDUM & ORDER ERIC N. VITALIANO, United States District Judge On March 27, 2009, plaintiff Alexina Simon (“Simon”) commenced this § 1983 action against defendants the City of New York, New York City Police Department (“NYPD”) Detective Douglas Lee, Sergeant Evelyn Alegre, and Queens County Assistant District Attorney (“ADA”) Francis Longobardi. On October 19, 2011, summary judgment was granted for d

DRONEY, Circuit Judge: Plaintiff Dawn F. Littlejohn appeals from a judgment of the United States District Court for the Southern District of New York (Sweet, J.) entered on February 28, 2014. Littlejohn alleged that, while employed by the New York City Administration for Children’s Services (“ACS”), she was subjected to a hostile work environment and disparate treatment based on her race, and retaliated against beca

MEMORANDUM & ORDER PAMELA K. CHEN, District Judge: The named Plaintiffs and members of the , proposed classes (“Plaintiffs”) are a group of minority individuals employed by Defendant New York City (the “City”) to answer and direct public calls to the City’s 911 emergency response system. (Dkt, 77 (“Am. Compl.”) ¶ Í2.) Plaintiffs bring this action against the City; Michael Bloom-berg as Mayor

OPINION OF THE COURT Leventhal, J. On this appeal, we are asked to determine the statute of limitations applicable to the plaintiff’s claim that the City of New York breached an implied bailment arising from the confiscation of the plaintiff’s personal property following the plaintiff’s arrest. The plaintiff contends that his claim is subject to the six-

LOHIER, Circuit Judge: Nearly thirty years ago, Alan Newton was wrongly convicted of a crime he didn’t commit. He served over twenty years in prison. Had he been given access to exonerating DNA evidence that the City of New York long misplaced and mishandled, Newton very likely would have been a free man years earlier. Newton and his attorneys procured his freedom, and a New York State court vacated his conviction, only after

OPINION OF THE COURT Acosta, J.P. In this CPLR article 78 proceeding, the question presented to this Court is not whether we agree with the administrative agency’s determination that a union was entitled to obtain certain documents relevant to disciplinary proceedings against two of its members, but simply whether the determination was rationally based. Bec

OPINION OF THE COURT Richter, J. In this appeal, we are asked to decide whether the sale on public sidewalks of admission tickets to New York Skyride, a simulated helicopter trip around New York City, requires a general vendor license under sections 20-452 and 20-453 of the Administrative Code of the City of New York. We hold that because neither the Skyride experience nor the admission tickets constitutes g

Order, Supreme Court, Bronx County (Alan J. Saks, J.), entered January 10, 2006, which denied the motion of defendant New York City Housing Authority (NYCHA) for summary judgment dismissing the complaint and all cross claims and counterclaims against it, unanimously reversed, on the law, without costs, the motion granted and the complaint and all cross and counterclaims dismissed. Order, same court and Justice, entered January 10, 2006, insofar as it deni

GERARD E. LYNCH, Circuit Judge: This case requires us to consider whether detaining an individual pursuant to a material arrest warrant is a prosecutorial function entitled to absolute immunity. We hold that it is not. As the record is insufficient to determine whether defendants are entitled to qualified immunity, we vacate the judgment of the United States District Court for the

HALL, Circuit Judge: BACKGROUND The issue before the Court is whether, on the facts of this case viewed in the light most favorable to Plaintiff-Appellant Reisha Simpson (“Ms. Simpson”), a reasonable juror could find that Defendant-Appellee New York City Police Officer Kenson Nelson (“Officer Nelson”) had probable cause to arrest Ms. Simpson for theft of

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 30, 2011, which denied defendants-appellants’ motion to dismiss the complaint as asserted against them, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as against defendants-appellants, without prejudice. The Clerk is directed to enter judgment accordingly. “[Wjhere a receiver has been discharged from any an

Order, Supreme Court, New York County (Milton A. Tingling, J.), entered September 30, 2011, which denied defendants-appellants’ motion to dismiss the complaint as asserted against them, unanimously reversed, on the law, without costs, the motion granted, and the complaint dismissed as against defendants-appellants, without prejudice. The Clerk is directed to enter judgment accordingly. “[Wjhere a receiver has been discharged from any an