Thursday, September 28, 2023
Courthouse News Service
Thursday, September 28, 2023 | Back issues
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DISABILITY DISCRIMINATION - A union challenged a transit authority policy that requires a medical explanation for any sick-leave request and the lower court held that the NYC Transit Authority has a business necessity to apply the policy to drivers. The Second Circuit remanded dismissal for lack of jurisdiction because the district court erroneously issued a preliminary ruling that dismissed only a portion of the claim, and the circuit only has jurisdiction over appeals from final decisions. Transport Workers Union of America Local 100 v. New York City Transit Authority

CIVIL RIGHTS, JURY - When bouncers removed Acosta from Murphy's Club, a bar in San Diego's Qualcomm Stadium, she resisted and police were eventually called to arrest her. The Ninth Circuit found that there is no special Fourth Amendment standard for unconstitutional deadly force. Jurors were given an excessive force instruction and found for police, so they must have determined that the officer acted reasonably. The district court was not required to give a separate deadly force instruction. Acosta v. Hill

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