This column reports on several significant, representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Denis R. Hurley, finding no deprivation of a protected property right, dismissed §1983 and due process claims by a suspended school superintendent. Judge William F. Kuntz II, denying defendant’s appeal from an order of detention pending trial in an international fraud case, expressed concern that defendant’s proposed use of paid security guards to create a “private jail” at home might be ineffective or represent an improper disparate treatment based on wealth. Magistrate Judge Cheryl L. Pollak enforced a subpoena to a third party, over the objections of defendant lenders, in a suit alleging violations of the Fair Debt Collections Act, 15 U.S.C. §1692 et seq. And Judge Margot K. Brodie dismissed an action under the Magnuson-Moss Warranty Act, asserting food poisoning by a restaurant.

No Federally Protected Property Interest in School Superintendent Position. In Waronker v. Hempstead Union Free School District, 18 CV 393 (EDNY, Jan. 16, 2019), Judge Hurley dismissed “deeply troubling” claims by a school superintendent who had been suspended with pay.

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