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16 Feb 2012, 10:03 am
The Court explained that the clause “officer, employee, contractor, subcontractor, or agent of such company” in the whistleblower protection provision goes to who is prohibited from retaliating or discriminating, not to who is a covered employee. [read post]
13 Sep 2019, 4:00 am
Niehoff, USCA, Second Circuit, 642 F.3d 334, writ of certiorari denied, 132 S.Ct. 499, the court addressed the issue of determining if a public officer may claim a qualified immunity from civil lawsuits. [read post]
13 Sep 2019, 4:00 am
Niehoff, USCA, Second Circuit, 642 F.3d 334, writ of certiorari denied, 132 S.Ct. 499, the court addressed the issue of determining if a public officer may claim a qualified immunity from civil lawsuits. [read post]
28 Aug 2016, 9:26 am
Few public employees actually win their First Amendment retaliation cases in the Court of Appeals, which has to follow the Supreme Court's Garcetti opinion, which says that workplace speech is not protected under the First Amendment if it arises from the employee's normal job duties. [read post]
31 Jul 2023, 10:14 am
It's been a while since the Court of Appeals addressed when a public employee can sue for retaliation under the First Amendment. [read post]
5 Apr 2010, 3:50 am
Seeking payment for attorney fees encumbered by a state officer or employee in defending a criminal complaint involving the individual as a defendantPolice Benevolent Assoc. v. [read post]
13 Feb 2009, 4:11 am
Larson, a former undersheriff, Seneca County, asked Supreme Court for a declaration that Seneca County was obligated, pursuant to Public Officers Law Section 18,* to defend, indemnify and hold him harmless in two civil actions pending in Federal court in which he was named a respondent.Supreme Court Justice Craig J. [read post]
9 Feb 2009, 8:40 pm
The California Supreme Court held that a deputy public defender was properly discharged when he refused to answer questions during an internal investigation. [read post]
13 Feb 2007, 5:33 am
From The Indianapolis Star:The City-County Council unanimously approved a proposal to move the public defender's office out of the City-County Building and into a private office Downtown. [read post]
19 Mar 2007, 5:28 am
Complicating matters, an interim public defender had managed the office for almost a year after Public Defender John Roth was placed on administrative leave in January 2005. [read post]
28 Oct 2014, 4:00 am
”Essentially public officers and employees enjoy "protected speech" in connection with their public comments concerning a State or municipal employer's activities that are a matter of public concern. [read post]
20 Jun 2010, 11:52 am
”The Appellate Division pointed out a number of critical elements that must be resolved when “a public employee looks to the public purse to be defended, compensated, indemnified, or reimbursed in connection with legal proceedings brought against that employee.... [read post]
11 Jul 2018, 4:00 am
"In his answer, Jackman contended that the County was obligated to defend and indemnify him pursuant to Public Officers Law §18. [read post]
13 May 2019, 8:53 am
"*The prohibitions set out in §75-b.2(a) were explored after seasonal part-time police officers [Plaintiffs] employed by a Town police department [Defendants ] were advised that they would not be returning to that role in 2006. [read post]
13 May 2019, 8:53 am
"*The prohibitions set out in §75-b.2(a) were explored after seasonal part-time police officers [Plaintiffs] employed by a Town police department [Defendants ] were advised that they would not be returning to that role in 2006. [read post]
21 Jun 2009, 12:25 pm
Burnette was angry because Stroger selected personnel in the Public Defender's Office to be laid off and imposed unpaid furlough days on other employees in the office. [read post]
15 Feb 2012, 12:14 pm
There’s a profit motive for all of us, even if we are employees in a law firm or a public defender’s office. [read post]
20 Jun 2011, 9:23 am
Determining the “future income” of a disabled public officer or employee Iazzetti v City of New York, 93 NY2d 808 The Court of Appeals' ruling in the Iazzetti case is of importance to public employees, and, in the case of death, their survivors, who are injured while performing their duties. [read post]
11 Feb 2013, 9:36 am
Down goes another public employee free speech claim. [read post]
17 Aug 2016, 4:00 am
”Explaining that Federal District Courts have typically applied the "immediate control" test in determining the appropriate “defendant-employer” in such situations, the Appellate Division said that under the "immediate control" formulation, a "joint employer relationship may be found to exist where there is sufficient evidence that the defendant had immediate control over the other company's employees," and… [read post]
