ARTIFICIAL INTELLIGENCE [AI] IS NOT USED, IN WHOLE OR IN PART, IN PREPARING NYPPL SUMMARIES OF JUDICIAL AND QUASI-JUDICIAL DECISIONS

August 19, 2020

Denying an individual an "on-street parking permit" did not violate the individual's equal protection rights under the circumstances


In an action to recover damages for alleged civil rights violations pursuant to 42 USC §1983, Plaintiff appealed Supreme Court's granting the Town's cross motion for summary judgment dismissing Plaintiff's complaint. Plaintiff had contended that Plaintiff's right to equal protection was violated because Plaintiff was denied an "on-street parking permit" for a specified location in the Town on the ground that Plaintiff was not a resident at the location involved.

The Appellate Division said that the Town had established its prima facie entitlement to judgment as a matter of law and that Plaintiff failed to raise a triable issue of fact in opposition.

With respect to Plaintiff's cause of action for recovery under 42 USC §1983 on equal protection grounds, the Appellate Division explained that recovery under 42 USC §1983 is triggered where a defendant has denied the plaintiff a constitutional or federal statutory right, and that such denial was effected under color of state law. Here, said the court, Plaintiff "is not a member of a suspect class and no fundamental right is implicated. Thus the challenged action need only be rationally related to a legitimate governmental purpose."

Further, opined the Appellate Division, a local law limiting the issuance of on-street parking permits to residents of that street is rationally related to the legitimate governmental purpose of alleviating an on-street parking shortage on that street.

Citing Village of Willowbrook v Olech, 528 US 562, the Appellate Division also rejected Plaintiff's claim that Plaintiff is a "class of one" for purposes of prosecuting an equal protection claim, explaining there has been no showing that Plaintiff had been intentionally treated differently from others similarly situated and that there was no rational basis for the difference in treatment.

The court also noted that the individually named Town defendants "are entitled to qualified immunity, as they are government officials performing discretionary functions, and their conduct did not violate any clearly established statutory or constitutional rights of which a reasonable person would have known."

Finally, the Appellate Division said it agreed with the Supreme Court's determination directing dismissal of Plaintiff's cause of action alleging retaliation in connection with the issuance of a parking ticket. In the words of the court: "While retaliation claims alleging an adverse employment action because of a complaint of discrimination are actionable under 42 USC §1983 [Plaintiff] has no employment relationship with the Town and the statute does not apply in this context.

The bottom line: the Appellate Division agreed with Supreme Court's decisions [1] denying Plaintiff's motion for summary judgment on Plaintiff's complaint, and [2] granting the Town's cross motion for summary judgment dismissing Plaintiff's complaint.

The decision is posted on the Internet at:

CAUTION

Subsequent court and administrative rulings, or changes to laws, rules and regulations may have modified or clarified or vacated or reversed the decisions summarized here. Accordingly, these summaries should be Shepardized® or otherwise checked to make certain that the most recent information is being considered by the reader.
THE MATERIAL ON THIS WEBSITE IS FOR INFORMATION ONLY. AGAIN, CHANGES IN LAWS, RULES, REGULATIONS AND NEW COURT AND ADMINISTRATIVE DECISIONS MAY AFFECT THE ACCURACY OF THE INFORMATION PROVIDED IN THIS LAWBLOG. THE MATERIAL PRESENTED IS NOT LEGAL ADVICE AND THE USE OF ANY MATERIAL POSTED ON THIS WEBSITE, OR CORRESPONDENCE CONCERNING SUCH MATERIAL, DOES NOT CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
New York Public Personnel Law Blog Editor Harvey Randall served as Principal Attorney, New York State Department of Civil Service; Director of Personnel, SUNY Central Administration; Director of Research, Governor’s Office of Employee Relations; and Staff Judge Advocate General, New York Guard. Consistent with the Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations, the material posted to this blog is presented with the understanding that neither the publisher nor NYPPL and, or, its staff and contributors are providing legal advice to the reader and in the event legal or other expert assistance is needed, the reader is urged to seek such advice from a knowledgeable professional.
New York Public Personnel Law. Email: publications@nycap.rr.com