Representative Cases for Civil Rights, Municipal and Constitutional Law

A broad range of public and private sector clients, including municipalities, universities, school and other public boards, public and law enforcement officials, and railroads, frequently engage us to defend claims alleging violations of state and federal civil and constitutional rights.

Before many trial and appellate courts and administrative bodies, we have successfully defended clients facing claims arising from a multitude of scenarios including:

  • Section 1983 and Bivens claims
  • denial of zoning and land use approvals
  • implementation of employee drug testing and search policies
  • actions against law enforcement officers
  • discrimination claims
  • tort claims
  • ADA claims
  • civil rights claims asserted in "predatory lending" litigation under the Equal Credit Opportunity Act, Fair Housing Act, Truth In Lending Act and Real Estate Settlement Practices Act.

In addition, we have achieved favorable results for our clients in cases alleging constitutional violations in the areas of:

  • substantive and procedural due process
  • freedom of speech
  • freedom of assembly
  • search and seizure
  • employment and public bidding discrimination.

Representative Cases

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  • Muro v. The MITRE Corp. et al., MON-L-4046-11 (N.J. Super. Monmouth County) (awarding defendants $150,000 in counsel fees and $118,000 for costs and forensic/electronic data expenses after dismissal of plaintiff’s claims under New Jersey Law Against Discrimination and Conscientious Employee Protection Act based upon alleged electronic communications, where, through forensic computer investigation, LCBF demonstrated that plaintiff had fraudulently modified electronic communications and intentionally deleted records)

  • Rodriguez v. Winski, 2013 WL 5379880 (S.D.N.Y. 2013) (dismissing most of the 49 separate claims asserted by a group of Occupy Wall Street protestors, elected officials, and journalists against LCBF clients, the MTA Police Department its commissioner and various officers, and others including the City of New York, Mayor Bloomberg, the NYPD, J.P. Morgan Chase and the owner of Zuccotti Park; 939-paragraph Amended Complaint included claims of violations of plaintiffs’ First and Fourth Amendment rights, violation of New York State constitutional rights, conspiracy, and state law claims; court dismissed almost all the claims against the MTA defendants, which arose from an arrest during an OWS protest at Grand Central Station, and granted LCBF’s motion to sever the remaining claims against LCBF's clients from those remaining against the other defendants)

  • Twine v. Powers, 2012 WL 760167 (S.D.N.Y. 2012) (denying the plaintiff’s Rule 60(b) motion to vacate voluntary dismissal of civil rights claim against client pursuant to a voluntary plea agreement in criminal case where the plaintiff alleged that the prosecutor had violated the terms of the plea agreement)

  • Schubert v. City of Rye, 775 F.Supp.2d 689 (S.D.N.Y. 2011) (dismissing all claims of a Rye resident who alleged that the City of Rye (and specific officials) failed to follow required land use procedures that caused work on a neighbor's property allegedly to destroy the "wetlands" on plaintiff's property and also committed retaliation)

  • Sanders v. Grenadier Realty, Inc., 367 Fed. Appx. 172 (2d Cir. 2010) (upholding the district court’s order dismissing the tenant plaintiffs’ claims that clients had violated plaintiffs’ rights under the Fair Housing Act and the First Amendment by refusing to grant the tenants rent subsidies)

  • Johnson v. Amtrak, 2010 WL 3230607 (3d Cir. 2010) (affirming dismissal of ADA lawsuit filed by a plaintiff alleging disability discrimination in the services provided to him by client in cross-country train travel)

  • Falk v. Chittenden, 11 N.Y.3d 73 (2008) (disqualifying plaintiff’s counsel from representing the PBA president in disciplinary proceedings and effectively disqualifying counsel from representing the plaintiff in related federal Section 1983 litigation)

  • S&R Development v. Bass, No. 07-cv-11112 (WCC) (S.D.N.Y. 2008) (dismissing developer’s due process, takings, and equal protection claims against Town of Greenburgh, the Town Board, and Zoning Board of Appeals, as well as their members, on grounds that constitutional claims not ripe and court would not exercise supplemental jurisdiction over state law claims)

  • McDougall v. National R.R. Passenger Corp. 2005 WL 713339 (E.D.Pa.  2005) (dismissal, following bench trial, of civil rights claims by defense attorney against police department for unlawful arrest, malicious prosecution and excessive use of force after the criminal case against him was dismissed)

  • Oshatz v. Amtrak, 2003 WL 22872038 (E.D.Pa. 2003) (dismissing claims of wrongful arrest, false imprisonment and intentional infliction of emotional distress)

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