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· 1/19/2016

El-Bey v. City of Hampton Police Officers

Citations

  • 628 F. App'x 211

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding that school employees, like principals, are DOE employees and are “never directly employed by the city,” and that the City also cannot be liable for their actions as individual defendants
  • denying summary judgment where a teacher “used his authority as a teacher to initiate and escalate his relationship with [the student plaintiff]” even though much of the abuse took place after school hours and off school grounds
  • “The limited connection that SCI has to education is that it investigates wrongdoing by NYCDOE employees, which is insufficient to support a finding that its mission is, at least in part, educational.”
  • “The New York Court of Appeals has strongly cautioned against allowing emotional distress claims to be brought where other tort remedies are available.” (citing Moore v. City of New York, 219 F. Supp. 2d 335, 339 (E.D.N.Y. 2002)
  • “Simply because the City receives federal funding and operates educational programs or activities does not mandate a finding that all of its various departments, like the DOI, and the subdivisions of those departments, like SCI, are subject to Title IX.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Agee, Floyd, Wynn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.