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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
May 20, 1993

Ray v. Metropolitan Transportation Authority

Larry Ray, a maintenance worker, and Blake Willett, an LIRR Police Officer, were involved in a physical altercation where Willett allegedly beat and handcuffed Ray. Ray was later released by Willett's supervisor. Plaintiffs sued Willett and the Long Island Rail Road (LIRR) for battery, false arrest and imprisonment, negligent retention, and civil rights violations under 42 USC § 1983. The Supreme Court, Kings County, dismissed claims against the LIRR for negligent retention and civil rights violations and dismissed the complaint against Willett due to defective service of process. The jury found Willett liable for battery and false arrest/imprisonment but not for civil rights violation. The appellate court affirmed the judgment, finding no error in the dismissals, concluding that Willett's conduct was not within the scope of employment and he was not acting under color of state law, and that service upon Willett was indeed defective.

BatteryFalse ImprisonmentCivil Rights ViolationNegligent RetentionRespondeat SuperiorPolice MisconductPersonal JurisdictionService of ProcessAppellate LawKings County
References
17
Case No. MISSING
Regular Panel Decision
Mar 06, 2015

American Civil Rights Union v. Martinez-Rivera

The American Civil Rights Union (ACRU) sued Zavala County Tax Assessor-Collector Cindy Martinez-Rivera for violating the National Voter Registration Act (NVRA) by allegedly failing to maintain accurate voter rolls, indicated by a 105% registration rate. Defendant filed a Motion to Dismiss challenging ACRU's standing and the sufficiency of the claim, while Plaintiff filed a Motion for Leave to File First Amended Complaint. Magistrate Judge Collis White recommended denying both motions, finding ACRU had organizational standing and stated a plausible claim. District Judge Alia Moses adopted the Magistrate's Report and Recommendation, consequently denying both the Defendant's Motion to Dismiss and the Plaintiff's Motion to Amend the Complaint.

Voter RegistrationNational Voter Registration ActOrganizational StandingMotion to DismissMotion to Amend ComplaintVoter Rolls MaintenanceZavala CountyTexas Election LawSubject Matter JurisdictionConstitutional Standing
References
44
Case No. MISSING
Regular Panel Decision

Department of Housing Preservation & Development v. Deka Realty Corp.

This appellate opinion addresses the proper assessment of contempt sanctions and civil penalties against Deka Realty Corp. for numerous housing code violations. The court clarifies that civil contempt fines must compensate aggrieved tenants for actual damages, not be based on a multiplication of statutory maximums per violation, and remits for a damages hearing. Criminal contempt fines, intended to vindicate court authority, were reduced to $1,000 per contemnor. The court also held that while serious monetary sanctions can trigger a constitutional right to a jury trial, Deka Realty Corp. waived this right by failing to make a timely demand. Civil penalties against Deka were also reduced.

Contempt sanctionsCivil penaltiesHousing code violationsJury trial rightJudiciary LawCivil contempt finesCriminal contempt finesConsent decreeLandlord-tenant disputeDue process
References
56
Case No. MISSING
Regular Panel Decision

Lowcher v. Beame

Plaintiff, a former school secretary, initiated a civil rights action under 42 U.S.C. § 1983 against the Board of Estimate of the City of New York, the New York Teachers’ Retirement System, and the New York City Employees’ Retirement System. She alleged deprivation of her constitutional rights to due process and equal protection after her application for accident disability benefits was denied. The Medical Board of the New York Teachers’ Retirement System determined her disability was not proximately caused by a 1970 assault, and denied her requests for legal representation, witnesses, and access to a referred physician's report. Defendants moved to dismiss the complaint for failure to state a claim. Judge Metzner denied the motion, ruling that while a full adversarial hearing was not required, the plaintiff was entitled to know the evidence upon which the Retirement System made its determination, implying a due process violation in denying access to the medical report.

Due ProcessEqual ProtectionCivil Rights ActionDisability BenefitsAccident DisabilityAdministrative LawMedical BoardRight to CounselCross-ExaminationAccess to Evidence
References
8
Case No. MISSING
Regular Panel Decision

Gomez v. HOUSING AUTHORITY OF EL PASO

Appellants Elsa Gomez and Jose Ramiro Gomez sued the Housing Authority (HACEP) and apartment manager Lupe Armstrong after their children were sexually molested at a housing project by Enrique Martinez, a non-tenant with a criminal record. They alleged HACEP's inadequate screening procedures and deliberate indifference violated their children's constitutional rights to bodily integrity under 42 U.S.C. § 1983. The trial court granted HACEP's plea to the jurisdiction. The appellate court affirmed, concluding that Appellants failed to establish that Armstrong or her supervisors had final policymaking authority, identify an official municipal policy that was the 'moving force' behind the constitutional violation, or demonstrate a constitutional violation by a state actor, as the molestation was by a private individual and no special relationship imposing a duty to protect was proven.

Civil Rights Act of 187142 U.S.C. § 1983Municipal LiabilityOfficial PolicyDeliberate IndifferenceBodily IntegrityDue ProcessSovereign ImmunityPlea to JurisdictionChild Molestation
References
41
Case No. 80 Civil 4699
Regular Panel Decision
Sep 17, 1982

Wallace v. INTERN. ORGANIZATION OF MASTERS, ETC.

Plaintiff Oscar L. Wallace sued the International Organization of Masters, Mates and Pilots and its Ex. President Capt. Robert J. Lowen after his application for union membership was denied. He alleged wrongful denial of admission, termination of applicant status, denial of due process, equal protection violations, refusal to refer to job assignments, violation of his right to sue, conspiracy, and racial discrimination. The court dismissed most of his claims, including those based on alleged membership rights and civil rights violations, finding he had no vested right to membership and failed to show state action or a conspiracy. However, the court denied the motion to dismiss the claim for breach of fair representation, acknowledging the union's duty to an applicant regarding job referrals.

Union MembershipFair RepresentationDue ProcessCivil RightsFederal JurisdictionMotion to DismissLabor LawConspiracyRacial DiscriminationEmployment Rights
References
38
Case No. MISSING
Regular Panel Decision

Harley Ex Rel. Johnson v. City of New York

Plaintiff Lucille Harley brought a civil rights action under 42 U.S.C. § 1983 on behalf of her grandchildren, alleging a violation of their due process rights in connection with their removal from her home in 1990. Defendants, including child welfare caseworkers Kersandra Cox and John Byers, moved for summary judgment, asserting qualified immunity and challenging municipal liability. The court found that the caseworkers were objectively reasonable in their belief of emergency circumstances warranting removal, thereby granting them qualified immunity. Additionally, the plaintiff failed to provide evidence of a municipal policy of 'deliberate indifference,' leading to the dismissal of claims against the City. Consequently, the defendants' motion for summary judgment was granted in its entirety.

Civil RightsDue ProcessChild RemovalFoster CareQualified ImmunityMunicipal LiabilitySummary JudgmentChild Abuse AllegationsFamily LawFederal Court
References
21
Case No. 2017 NY Slip Op 02421 [148 AD3d 1146]
Regular Panel Decision
Mar 29, 2017

Matter of Enlarged City Sch. Dist. of Middletown N.Y. v. Civil Serv. Empls. Assn., Inc.

The Enlarged City School District of Middletown New York (the district) terminated an employee, Thomas Turco, pursuant to Civil Service Law § 71 after he was out of work for over a year due to an on-duty injury. The Civil Service Employees Association, Inc. (the union) filed a grievance and then a demand for arbitration, which the district sought to permanently stay. The Supreme Court denied the district's petition, but this appellate court reversed that decision. The court held that public policy prohibits arbitration of the dispute, as an employer cannot bargain away its right to terminate employees under Civil Service Law § 71, and an arbitrator could not fashion a remedy without violating public policy. Therefore, the arbitration was permanently stayed.

Collective Bargaining AgreementArbitration StayPublic Policy ExceptionCivil Service LawEmployee TerminationOccupational DisabilityGrievanceAppellate ReviewCPLR article 75Workers' Compensation Leave
References
8
Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. 04-22-00624-CV
Regular Panel Decision
Oct 25, 2023

City of Laredo and City of Laredo Municipal Civil Service v. Tony H. Moreno

Tony H. Moreno, a former City of Laredo employee, was terminated after 20 years. He sued the City and its Civil Service Commission, alleging due process violations under Texas and federal constitutions (42 U.S.C. § 1983) and appealing the Commission's decision to uphold his termination. The trial court granted a temporary injunction reinstating Moreno with back pay and benefits, finding a probable violation of his constitutional rights and irreparable harm. The City appealed, and the Fourth Court of Appeals dismissed part of the City's appeal as moot due to Moreno withdrawing requests for back pay and retirement vesting. The court reversed and dissolved the temporary injunction concerning reinstatement, ruling that Moreno failed to demonstrate irreparable injury. The City's motion to increase the supersedeas bond was denied because the trial court did not abuse its discretion in setting the amount for equitable relief.

Employment TerminationDue ProcessConstitutional RightsTemporary InjunctionAppellate ReviewAbuse of DiscretionIrreparable HarmMootnessSupersedeas BondEquitable Remedy
References
48
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