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 B. Weinstein held that plaintiff’s reassignment from his position as an armed ATF Special Agent to another job within the agency did not amount to “discrimination” against an “otherwise qualified individual” by reason of any “disability” under the Rehabilitation Act of 1993, where his supervisors had reasonably concluded that he should not be carrying a gun.
Judge Joanna Seybert, granting defendant’s motion to set aside a jury verdict, held that the company designated by plaintiffs’ counsel as the proper plaintiff at the close of all evidence was not the real party in interest. And Judge Weinstein, after an extensive evidentiary hearing, rejected for a second time petitioner’s challenge to his state murder conviction, based on the use of digital imaging to show his palm print on duct tape that had been recovered from his wife’s body.
Rehabilitation Act of 1973
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