Justia Civil Rights Opinion Summaries

Plaintiff filed suit against defendant and the University, alleging a claim of retaliation based on his complaint of sexual harassment. The district court granted defendants' motion to dismiss. The Second Circuit applied the plausibility standard to plaintiff's retaliation claim and held that it was plausible that he was denied a teaching position after he declined sexual approaches from the man who was his teacher and the department chair. Accordingly, the court vacated in part and remanded for further consideration of the retaliation claims. View "Irrera v. Humpherys" on Justia Law

Plaintiff filed suit alleging that defendant, the principal of Capital Prep, violated plaintiff's First Amendment right of freedom of assembly and his state-law right to be free from the intentional infliction of emotional distress in banning plaintiff from attending virtually all Capital Prep events, on or off school property, because of his opposition to defendant's bullying and harassing efforts to compel plaintiff's daughter to remain a member of the girls varsity basketball team. The district court denied defendant's motion for summary judgment based on qualified immunity. The Second Circuit dismissed the appeal insofar as it related to the claimed due process violation, holding that the claim was not properly before the court. As to the First Amendment claim, the court held that defendant's motion for summary judgment was properly denied to the extent that plaintiff complained of being banned from events beyond school property and from sports contests on school property to which the public was invited; but defendant was entitled to qualified immunity as a matter of law to the extent that he banned plaintiff from school property otherwise. Accordingly, the court affirmed in part, reversed in part, and dismissed in part. View "Johnson v. Perry" on Justia Law