“Prison Excessive Force Cases: A Primer”
Civil Rights Litigation columnist Ilann M. Maazel writes: “Brutality by corrections officers against prisoners remains all too common in jails and prisons throughout New York State. The following is the basic standard for bringing civil rights actions for prison brutality by state or local corrections officers.”
ECBA submitted an amicus brief on behalf of a group of law professors and economists to urge the Supreme Court to expand states’ ability to collect sales taxes from online merchants and overrule Quill Corp. v. North Dakota. In overruling Quill the Supreme Court twice cited ECBA’s amicus brief.
Along with Prof. Daniel Hemel of the University of Chicago, ECBA attorney Debbie Greenberger submitted the brief, which is available here.
On July 5, 2018, ECBA filed a complaint with the New York City Human Rights Commission alleging that MoMA PS1 refused to hire a curator after learning she had recently had a baby. Over a period of several months, Peter Eleey and Klaus Biesenbach, Chief Curator and Director, respectively, of PS1 recruited Nikki Columbus to join PS1 as associate curator of performance. After several discussions about the job, they officially offered her the position. But when Ms. Columbus mentioned that she had recently had a baby, Eleey immediately demanded to know why she hadn’t said earlier that she was pregnant. Shortly thereafter, PS1 rescinded the job offer. Represented by ECBA attorneys Elizabeth Saylor and Ali Frick, Ms. Columbus filed a complaint claiming that PS1’s conduct amounted to discrimination on the basis of her status as a caregiver, her gender, and her pregnancy. “This is the thing about discrimination,” Ms. Columbus told the New York Times. “And coming into this from a privileged position — you don’t think it’s going to happen to you.”
Read the New York Times’ coverage here. Read the complaint here.
ECBA filed a class action lawsuit today, representing a student-led organization Integrate NYC and four Black and Latino students denied access to New York City public high school sports, as co-counsel with civil rights advocacy group New York Lawyers for the Public Interest and Patterson, Belknap, Webb & Tyler LLP.
The suit charges that the Department of Education (DOE) and Public Schools Athletic League (PSAL) have engaged in racial discrimination by denying Black and Latino students equal opportunity to play high school sports.
On average, Black and Latino students have access to far fewer teams and sports, and the city spends much less per student than for students of other races. Thousands of Black and Latino New York City public high school students attend schools that offer no team sports whatsoever, and Black and Latino students are twice as likely as students of other races to attend schools without sports teams.
The lawsuit, filed pursuant to the New York City Human Rights Law, seeks to level the playing field and create equal access to high school sports for all students, regardless of race.
Read coverage from the New York times here.
Read New York Daily News’ coverage and the NYLPI’s press release for further information. You can also read additional reporting here and here.
ECBA partner Dan Kornstein has just been appointed to the newly created N.Y. State Bar Association Task Force on the Evaluation of Candidates for Election to Judicial Office.
ECBA filed a complaint with New York’s Human Rights Commission on behalf of Hairo Olivares, an Upper West Side porter at 315 Riverside Drive who suffered years of sexual harassment by the building superintendent and manager. The complaint alleges, among other things, that the superintendent grabbed Mr. Olivares’s crotch and buttocks and made him an ongoing target of harassment and humiliation. ECBA’s Ilann M. Maazel and Emma L. Freeman represent Mr. Olivares.
To learn more, read coverage from the NY Daily News here.
Yesterday, ECBA filed an EEOC charge against New York State on behalf of Patricia Gunning, alleging sexual discrimination and retaliation by her former boss at the Justice Center, James Kiyonaga. Today, after a thorough investigation, the New York State Inspector General issued a report condemning Mr. Kiyonaga, and the State fired him. Ms. Gunning is represented by Richard D. Emery, Ilann M. Maazel, and Debra Greenberger.
For more information, read coverage from the New York Times, New York Post, Times Union, and NY Daily News.
The firm’s client LaDonna Powell was profiled in this week’s This American Life. To listen, click here. LaDonna and many others were sexually harassed while working at JFK for Allied security. The podcast describes in detail how she fought back against this harassment. Elizabeth Saylor, Alanna Kaufman, and David Lebowitz represent Ms. Powell and three other Allied employers who were discriminated against. To read the amended complaint, click here.
On May 29, 2018, ECBA filed a charge of discrimination with the federal Equal Employment Opportunity Commission on behalf of Patricia Gunning, a former Special Prosecutor/Inspector General at the NYS Justice Center for the Protection of People with Special Needs. In the charge, Ms. Gunning alleges that James Kiyonaga, who served as Acting Executive Director and Executive Deputy Director during her years at the Justice Center, engaged in a pattern of sexual discrimination and sexual favoritism, creating a hostile work environment. The charge alleges that when Ms. Gunning complained about the abuse, she was retaliated against, leading to her termination. Mr. Kiyonaga currently serves at Executive Deputy Commissioner of the Office of People with Developmental Disabilites.
For more information, read coverage from the New York Post, Times Union, and NY Daily News.
Patricia Gunning is represented by Richard D. Emery, Ilann M. Maazel, and Debra Greenberger.
On April 25, 2018, ECBA filed a lawsuit on behalf of the Committee for Environmentally Sound Development and the Municipal Art Society of New York seeking to halt the unlawful construction of a 668-foot residential mega-tower at 200 Amsterdam Avenue which, if completed, would be grossly out-of-character with the neighborhood and cast long shadows. The lawsuit alleges that the zoning lot upon which the mega-tower would sit—the only justification for the tower’s height—was cobbled together using partial tax lots, in violation of the New York City Zoning Resolution.
On May 14, 2018, plaintiffs secured their first legal victory in the case, obtaining a Stipulation and Order from the Court preventing the developer from using its continued construction efforts to argue that its rights have “vested” – that is, that construction has progressed to the point that the project can no longer be halted. The developer continues work now at its own peril while the New York City Board of Standards and Appeals decides the pending administrative appeal.
The plaintiffs are represented by ECBA attorneys Richard D. Emery, Katherine Rosenfeld, and Ashok Chandran. A copy of the complaint is available here, and Politico’s coverage of the dispute can be found here.