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 Arthur D. Spatt granted in part, and denied in part, defendants’ motion for summary judgment in a §1983 action challenging the propriety of plaintiff’s arrest. Judge Raymond J. Dearie, dismissing a complaint against Mount Sinai Hospital, held that the Church Amendment gave no private right of action to a nurse who refused to participate in abortion procedures.
Judge Denis R. Hurley held that New York State, but not the City, was entitled to mandatory victim restitution in connection with defendant’s conviction for selling unstamped cigarettes for resale outside the reservation. And Judge Joseph F. Bianco declined to dismiss a complaint alleging gender discrimination, hostile work environment and retaliation.
Section 1983
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