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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
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
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. 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. No. 2
Regular Panel Decision
Feb 15, 2024

Matter of Clifton Park Apartments v. New York State Division of Human Rights

CityVision, a non-profit, filed a discrimination complaint against Pine Ridge Apartments with the New York State Division of Human Rights (DHR). After DHR dismissed the initial complaint, Pine Ridge's attorney sent a letter to CityVision and employee Leigh Renner threatening litigation for "false, fraudulent and libelous" allegations. In response, CityVision and Renner filed a retaliation complaint, which DHR upheld, finding the letter to be an adverse action. The Appellate Division annulled DHR's determination, concluding that the letter did not constitute adverse action and DHR improperly shifted the burden regarding protected activity. The Court of Appeals reversed the Appellate Division, holding that a threat of litigation can indeed constitute adverse action under the Human Rights Law, supported by substantial evidence. However, the Court remitted the matter to DHR for proper analysis of the "protected activity" element, as DHR had improperly shifted the burden of proof.

Retaliation claimHuman Rights LawAdverse actionThreat of litigationFamilial status discriminationBurden of proofProtected activityHousing discriminationAppellate reviewAdministrative law
References
18
Case No. MISSING
Regular Panel Decision

Moss v. Department of Civil Service

The petitioner, a Senior Youth Parole Worker, initiated an Article 78 proceeding challenging the State Department of Civil Service's requirement of a Master's degree for the Youth Parole Supervisor promotion examination. His application was denied due to the lack of this degree, despite his advanced graduate study and prior assurances of eligibility based on earlier prerequisites. The court affirmed the Civil Service Department's broad discretion in establishing minimum qualifications for competitive examinations. It ruled that earlier prerequisites or unauthorized assurances do not confer a vested right to bypass current requirements, which are subject to the exclusive jurisdiction of the State Department of Civil Service. Consequently, the application was denied, and the petition dismissed.

Civil Service LawPromotion ExaminationEducational RequirementsMaster's DegreeYouth Parole SupervisorDiscretionVested RightsArticle 78 ProceedingState EmployeesCivil Service Commission
References
6
Case No. MISSING
Regular Panel Decision
Apr 14, 1988

Levitt v. Civil Service Commission

The City of New York appealed a Supreme Court judgment that affirmed the Civil Service Commission's decision to reject the reclassification of the deckhand position from the competitive to the noncompetitive civil service class. Petitioners argued that the Commission applied an overly strict standard, acted inconsistently with Title VII of the Civil Rights Act and the NY Constitution, based its decision solely on a presumption despite expert opinions, and failed to adequately state its reasoning. The Appellate Division found that the Commission properly used the term "compelling" to reflect the constitutional preference for competitive examinations and that its decision, while brief, allowed for judicial review. Citing the public safety roles of deckhands, similar to police and firefighters, the court concluded that competitive examinations are feasible and petitioners failed to demonstrate an impediment to compliance with job-relatedness requirements.

Civil Service LawJob ReclassificationCompetitive ExaminationNoncompetitive ClassPublic SafetyDeckhand PositionAppellate ReviewCivil Rights Act Title VIINew York ConstitutionArbitrary Determination
References
5
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. C.A. No. H-78-1831 (Consolidated Multidistrict Litigation)
Regular Panel Decision
Jun 05, 1980

In Re Alien Children Education Litigation

This case addresses the constitutionality of Texas Education Code Ann. tit. 2, § 21.031, which prohibited the use of state funds to educate undocumented children and allowed local school districts to exclude them or charge tuition. Plaintiffs, undocumented school-age children, argued the statute violated the Equal Protection Clause of the Fourteenth Amendment, was preempted by federal law, and conflicted with international law. Judge SEALS of the Southern District of Texas found the statute unconstitutional under the Equal Protection Clause. The court determined that access to education is a fundamental right, and the statute imposed an absolute deprivation of this right on undocumented children, who are "persons within the jurisdiction" of the state. The state's arguments regarding fiscal integrity and deterrence of immigration were found not to be compelling governmental interests. The court issued a permanent injunction against the Commissioner of Education, preventing the implementation of the challenged sections of the Texas Education Code.

Undocumented ChildrenPublic Education AccessEqual Protection ClauseFourteenth AmendmentState Statute UnconstitutionalityImmigration Status DiscriminationFundamental Rights (Education)Judicial ScrutinyFiscal Policy (State)Class Action
References
15
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. Nos. 2-80-127 and 2-80-129 (Consolidated)
Regular Panel Decision
Dec 31, 1985

Howard Gault Co. v. Texas Rural Legal Aid, Inc.

This case involves two consolidated actions. No. 2-80-127 concerns civil rights counterclaims brought by Jesus Moya against seventeen growers and state officials following the issuance of an ex parte temporary restraining order (TRO) that curtailed union organizing activities of the Texas Farm Workers Union (TFWU) in Deaf Smith County, Texas. Moya alleged deprivation of First Amendment rights under 42 U.S.C. §§ 1983 and 1985. No. 2-80-129 is a class action, originally filed by TFWU and TRLA, challenging the constitutionality of several Texas picketing statutes. The court found that the growers and state officials acted under color of state law, depriving Moya of his First Amendment rights due to the unconstitutional ex parte TRO procedure and the overly broad minority picketing provisions. Moya was awarded $500 in compensatory damages. The court also declared multiple sections of the Texas picketing statutes (Tex.Rev.Civ.Stat.Ann. arts. 5154d, 5154f, and 5154g) unconstitutional. TRLA was denied standing for the constitutional challenges, but Delia Gamez Prince was granted standing. Claims for recovery against the TRO bond were denied.

Workers' RightsFirst AmendmentPicketingTemporary Restraining OrderConstitutional LawCivil Rights Act of 1871Labor DisputesOverbreadth DoctrineState StatutesJudicial Immunity
References
0
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