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 Jack Weinstein dismissed a father’s §1983 claims relating to the conduct of the New York City Administration for Children’s Services. Judge Frederic Block rejected the government’s defense of sovereign immunity where plaintiff claimed false arrest/false imprisonment in connection with his detention by immigration officials following dismissal of criminal charges. Judge Nicholas Garaufis found respondents in contempt for not complying with subpoenas for documents in connection with a foreign divorce proceeding. And Judge Dora Irizarry, with rather pointed criticism of the government, suppressed electronic evidence seized pursuant to warrants.

Father’s §1983 Claims

In Graham v. City of New York, 11 CV 5747 (EDNY, June 14, 2012), Weinstein dismissed a father’s §1983 and related claims against various New York City defendants and their retained psychologist. Though the city’s Administration for Children’s Services (ACS) took years to investigate charges of parental neglect by plaintiff and separated and estranged the son from the father, and though the charges were dismissed, Weinstein could impose no remedy but only express regret for the city’s “sloth.” Slip op. 3.

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