Justia U.S. 2nd Circuit Court of Appeals Opinion Summaries

This case arose out of a botched SWAT-style raid that resulted in the fatal shooting of plaintiff's houseguest (Gonzalo Guizan) and injury to plaintiff. Plaintiff and Guizan's estate filed suit against law enforcement officers, alleging, inter alia, civil rights violations under 42 U.S.C. 1983 and state tort claims. On appeal, defendants challenged the district court's order granting in part and denying in part defendants' motions for summary judgment based on their assertions of qualified immunity. The court reversed the judgment of the district court insofar as it determined that Chief Solomon was not entitled to qualified immunity from liability for the decision - standing alone - to activate the SWERT tactical team; affirmed the judgment of the district court insofar as it held that plaintiff's claims implicated clearly established constitutional law with respect to the planning and approval of the raid, the use of stun grenades, the actions of Officers Sweeney and Weir, the alleged knock-and-announce violations, and the duty of police to intervene in constitutional violations by fellow officers; and dismissed defendants' arguments in other respects because the appeal relied on disputed facts. The court remanded for further proceedings.View "Terebesi v. Torresso, et al." on Justia Law

Plaintiffs filed suit under 42 U.S.C. 1983, alleging that they were falsely arrested for participating in a demonstration in support of the Occupy Wall Street movement. On appeal, defendants challenged the district court's denial of their motion to dismiss under Rule 12(b)(6) based on qualified immunity. The court affirmed the judgment of the district court because the court could not resolve at this early stage the ultimately factual issue of whether certain defendants implicitly invited the demonstrators to walk onto the roadway of the Brooklyn Bridge, which would otherwise have been prohibited by New York law.View "Garcia v. Does" on Justia Law

This case concerns compliance reports regarding improving conditions in two correctional facilities under a settlement agreement between the United States and Erie County. The NYCLU sought to intervene in order to have the reports unsealed. The court held that the public's fundamental right of access to judicial documents, guaranteed by the First Amendment, was wrongly denied when the compliance reports in this case were sealed. Therefore, the court reversed the district court's decision and ordered that the judicial documents be unsealed.View "United States v. Erie County" on Justia Law

Plaintiffs filed suit challenging section 181.21 of the New York City Health Code, which regulates metzitzah b'peh, the direct oral suction of the circumcision wound of an infant as a part of a bris milah. Plaintiffs argued that the Regulation compelled speech and burdened their free exercise of religion in violation of the First Amendment. The court agreed with the district court that the Regulation does not compel speech. However, the court concluded that the Regulation is neither neutral nor generally applicable and therefore must satisfy strict scrutiny. The Regulation is not neutral because it purposefully and exclusively targets a religious practice for special burdens and the Regulation is not generally applicable because it is underinclusive in relation to its asserted secular goals. Accordingly, the court vacated the district court's denial of plaintiffs' motion for a preliminary injunction and remanded for the district court to consider whether plaintiffs have shown a likelihood of success on the merits applying strict scrutiny under the Free Exercise Clause.View "Central Rabbinical Congress v. NYC Dept. of Health & Mental Hygiene" on Justia Law

The New York State Legislature amended N.Y. C.P.L.R. 5206 in 2005, increasing the state's homestead exemption from $10,000 to $50,000. At issue was whether the 2005 Amendment's increased homestead exemption applied to judgment liens perfected prior to the amendment's effective date and, if so, whether application of the law to pre-enactment judgment liens violates the Takings Clause of the Fifth Amendment. The court held that the 2005 Amendment applies to all creditors and all obligations, including pre-existing obligations, regardless of whether the debt was reduced to a judgment lien prior to the statute's enactment; and (2) that retroactive application of the exemption does not constitute an uncompensated taking of pre-enactment judgment liens in violation of the Takings Clause. Accordingly, the court affirmed the judgment of the district court affirming the bankruptcy court's conclusion that there was been no taking of claimant's property.View "1256 Hertel Avenue Associates v. Calloway" on Justia Law

The County appealed the district court's order preliminarily enjoining it from foreclosing upon certain real property owned by the Cayuga Nation in order to recover uncollected ad valorem property taxes. The court affirmed the district court's injunction where the court declined, as has the Supreme Court, to read a "commercial activity" exception into the doctrine of tribal sovereign immunity from suit. In the absence of a waiver of immunity by the tribe, unless Congress has authorized the suit, precedents demand that the court affirm the district court's injunction of the County's foreclosure proceedings against the Cayuga Nation's property. Accordingly, the court affirmed the judgment of the district court.View "Cayuga Indian Nation of New York v. Seneca County, New York" on Justia Law

Plaintiff, a tenured culinary arts teacher, filed suit against the school board, alleging that the school board violated her due process rights under the Fourteenth Amendment and Connecticut General Statute 10-151 when it failed to provide notice and a hearing before reducing her full-time position to half-time. The court affirmed the district court's dismissal of her claim, concluding that plaintiff was not entitled to notice or a hearing where the reduction in hours and salary did not constitute a "termination" under Connecticut law. View "Mirabilio v. Regional School District 16" on Justia Law

Plaintiffs filed suit challenging the display of "The Cross at Ground Zero," a column and cross-beam from one of the Twin Towers, at the National September 11 Museum as violating the Establishment and Equal Protection Clauses, as well as parallel provisions of state law. The court concluded that displaying The Cross in the Museum does not violate the Establishment Clause because the stated purpose of displaying The Cross to tell the story of how some people used faith to cope with the tragedy is genuine, and an objective observer would understand the purpose of the display to be secular; an objective observer would not view the display as endorsing religion generally, or Christianity specifically, because it is part of an exhibit entitled "Finding Meaning at Ground Zero"; the exhibit includes various nonreligious as well as religious artifacts; and there is no evidence that the static display of this genuine historic artifact excessively entangles the government with religion. Because the Museum did not deny equal protection by displaying The Cross and refusing plaintiffs' request to fund an accompanying symbol commemorating atheists, the court affirmed the district court's award of summary judgment in favor of defendants.View "American Atheists, Inc. v. Port Authority of N.Y. & N.J." on Justia Law

Plaintiff filed suit against his former employer, Cablevision, alleging claims of race discrimination and retaliation under Title VII of the Civil Rights Act, 42 U.S.C. 2000e et seq. On appeal, plaintiff challenged the district court's grant of summary judgment for Cablevision on both claims and the district court's dismissal of plaintiff's pendant state law claims. The court concluded that the district court overlooked evidence raising a genuine factual dispute as to whether Cablevision's justifications for firing plaintiff were a pretext for race discrimination and retaliation, and a rational jury could find that Cablevision discriminated against plaintiff and fired him in violation of Title VII. Accordingly, the court vacated and remanded for trial.View "Kirkland v. Cablevision Systems" on Justia Law

Plaintiff filed suit against Verizon, alleging that the company discriminated against her, subjected her to a sexually hostile work environment, retaliated against her, and paid her less than her male colleagues for equal work. On appeal, plaintiff challenged the district court's grant in part of Verizon's motion to dismiss and motion for summary judgment, and denial of plaintiff's motion to compel production of documents. The court concluded that the district court erred when it refused to consider all allegations in the complaint in their totality, including those that were not sexually offensive in nature; the district court abused its discretion when it denied plaintiff's motion to compel documents related to Verizon's Reduction in Force events; and the district court erred when it refused to consider a witness's statements in an affidavit that contradicted prior deposition testimony. Accordingly, the court vacated the district court's judgment and remanded for further proceedings.View "Moll v. Telesector Resources Group, Inc." on Justia Law