U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

Civil Rights Action Alleging Inadequate Police Investigation into Traffic Accident

Harrington v. Cty. of Suffolk, No. 09-3911, involved an action pursuant to 42 U.S.C. section 1983 asserting that defendants deprived plaintiffs of a property interest protected by the Due Process Clause by conducting an inadequate investigation into their son's fatal traffic accident.  The court of appeals affirmed the dismissal of the action, holding that plaintiffs had no property interest in an adequate police investigation.

Domnister v. Exclusive Ambulette, Inc., No. 08-4387, concerned an action by Russian immigrants alleging that their former employer discriminated and retaliated against them based on their national origin.  The Second Circuit vacated the dismissal of the action following removal, holding that plaintiffs' state-court complaint neither invoked, nor substantially relied upon, any collective bargaining agreement, and therefore was not subject to Garmon preemption.

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