A government official performing a discretionary function is entitled to qualified immunity unless violative of an individual's statutory or constitutional rights
Cavanaugh v Doherty, Appellate Division, 243 A.D.2d 92

Erin Cavanaugh, an Assistant Public Relations Aide employed by the State Department of Correctional Services and Thomas Doherty, Appointment Secretary in the Executive Department, became involved in a political argument at a restaurant. Their oral exchanges culminated in Cavanaugh calling Doherty an “explicitve deleted.” Doherty allegedly responded that “he would 'have her job in the morning'“.

Forty-eight hours later Cavanaugh was unemployed.

Cavanaugh sued, claiming a breach of her employment contract; abusive discharge; violation of her civil rights and other wrongdoings by Doherty, James Flateau, her immediate supervisor and John Patterson, a Correctional Services’ deputy commissioner who allegedly ordered Flateau to fire Cavanaugh because of her retort during her off-duty argument with Doherty.

Although at this stage of the proceeding the appeal essentially concerned challenges by the parties to the Supreme Court’s allowing certain claims and defenses to survive and dismissing others, the Appellate Division addressed a number of significant issues in the course of reviewing the matter.

One is of particular importance, addressing the concept of a public official’s “qualified immunity.”

The court said that a government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate [an individual’s] clearly established statutory or constitutional rights of which a reasonable person would have know....”

Commenting that the official has the burden of demonstrating that his or her acts enjoy a qualified immunity, the Appellate Division said that although Flateau was acting within the ambit of his official duties, as he was instructed to terminate Cavanaugh, “none of the defendants has established that they had an objectively reasonable belief that their actions did not violate clearly established rights of [Cavanaugh], particularly as it appears that [Cavanaugh’s] termination was retributive in nature for the personal affront to Doherty ... and because each was aware of or should have been aware of [Cavanaugh’s] First Amendment rights.”

The court concluded that “the defendants have not established entitlement to qualified immunity,” and reinstated Cavanaugh’s civil rights violation claims.

In contrast, the Appellate Division said that while Cavanaugh’s allegations that her employment was intentionally terminated without justification and she suffered damages as a result was sufficient to allege a prima facie tort against Doherty and Patterson, this claim against Flateau should be dismissed because, said the court, “he was acting within the ambit of his official duties.”

The opinion also notes that pubic policy prohibits the maintenance of a suit against the State or, by extension, an official acting in his or her official capacity for prima facie tort.”

The Appellate Division pointed out that two of Cavanaugh’s claims were brought against the defendants in their “official capacity.” These consisted of an alleged breach of her employment contract and an alleged violation of Section 201-d of the Labor Law. The court said that the Supreme Court properly ruled that it did not have jurisdiction over these causes of action and that they should have been filed with the Court of Claims.

The doctrine of collateral estoppel bars relitigating a complaint based on the same issues as earlier litigated

The doctrine of collateral estoppel bars relitigating a complaint based on the same issues as earlier litigated
Parker v Blauvelt Volunteer Fire Company, App. Div., 251 A.D.2d 389 [Affirmed on basis of collateral estoppel, 93 N.Y.2d 343]

It is a basic principle of law that an individual may not relitigate a claim that he or she had early presented to, and had been considered and decided by, the courts.

Kimball Parker was dismissed from his position as a volunteer firefighter with Blauvelt for insubordination following a disciplinary hearing conducted by the Orangetown Town Board.

Parker challenged his dismissal pursuant to Article 78 of the Civil Practice Law and Rules, seeking an order directing his reinstatement and monetary damages. As part of his Article 78 action Parker complained that his 42 USC 1983 civil rights had been violated.

His 42 USC 1983 civil rights action was dismissed without prejudice by a Supreme Court justice while his Article 78 appeal from his termination was transferred to the Appellate Division. The Appellate Division considered and rejected Parker’s Article 78 petition, confirming his dismissal from the fire company by the town board. [Parker v Blauvelt Volunteer Fire Company, 222 AD2d 437].

Parker then commenced a civil rights action, essentially raising the same issues previously considered in his Article 78 action. Blauvelt moved for summary judgment and the Appellate Division agreed on the grounds that the issues and facts raised by Parker were the same in both actions.

The court noted that Parker had a “full and fair opportunity to challenge and defend against them” and therefore, even if the remedy sought under 42 USC 1983 was different from those he had sought in his Article 78 action, further consideration of his 42 USC 1983 claims were barred by the doctrine of res judicata [a matter judicially acted upon] and collateral estoppel [there was a conclusive judgment in another action].

Having obtain the relief sought on the basis of one of several arguments further appeal is precluded as the individual is no longer an aggrieved party

Having obtain the relief sought on the basis of one of several arguments further appeal is precluded as the individual is no longer an aggrieved party
Hoover v DiNapoli, 2010 NY Slip Op 06127, Decided on July 15, 2010, Appellate Division, Third Department

David A. Hoover worked part time as a labor relations specialist for Erie 1 BOCES from February 1, 1988 through October 31, 1995 and obtained member service credit in the New York State and Local Employees' Retirement System in connection with that employment.

In April 2008, the State Comptroller announced new regulations for the Retirement System specifically defining how local governments and school districts should classify professional service providers as employees or independent contractors.

Hoover was told that under the new regulations, his member service credit for his work at BOCES between 1988 and 1995 was revoked as he had served with the BOCES as an independent contractor rather than an employee. Hoover filed an Article 78 petition seeking restoration of his member service credit contending that:

1. Rescinding such credit constituted “an improper retroactive application of the new regulations in violation of the NY Constitution;”

2. A violation of his due process rights; and

3. The Comptroller’s decision to invalidate his member service credit was arbitrary and capricious.

Supreme Court dismissed Hoover's state constitutional claims for failure to exhaust his administrative remedies, but, nevertheless issued a decision on the merits granting his petition on the basis of his due process claim. The court order provided that "the determination to revoke [Hoover's] service credit with Erie 1 BOCES for the years prior to 1995 is vacated and annulled."

Despite having prevailed in that he had obtained the remedy that he had sought, Hoover appealed the Supreme Court's judgment.

The Appellate Division dismissed his appeal, noted that having "obtained the full relief sought … annulment of the Comptroller's determination and reinstatement of his service credit," Hoover is no longer an aggrieved party. The fact that he had asserted multiple grounds upon which he contended that the relief he demanded could be granted, his having prevailed on the basis of one of the theories he advanced rendered consideration of his other arguments moot.

The decision is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2010/2010_06127.htm