New York Appellate Division Revives Gay Police Officer’s Discrimination & Retaliation Case Against NYPD

While hesitant to accuse the New York City Police Department, New York City Law Department, and a Supreme Court Justice of bizarre thinking, that is the only conclusion we can draw from Harrington v. City of New York, 2018 WL 503144, 2018 N.Y. App. Div. LEXIS 392 (N.Y. App. Div., 1st Dept., Jan. 23, 2018), where a unanimous five-judge panel of the Manhattan-based Appellate Division, 1st Department, reversed a decision by Justice James E. d’Auguste … <Read More>


Heightened Scrutiny for Transgender Equal Protection Claim in S.D.N.Y.

For the first time within the 2nd Circuit, a federal district judge has ruled that a transgender person’s equal protection claim will receive “heightened scrutiny” from the court.  Senior District Judge Jed Rakoff’s ruling November 15 in Adkins v. City of New York, 2015 Westlaw 7076956, relied on the 2nd Circuit’s decision in Windsor v. United States (which was affirmed on due process grounds by the Supreme Court), finding that anti-gay discrimination merited a … <Read More>