Raspardo v. Carlone, No. 12-1686 (2d Cir. 2014)Annotate this Case
Plaintiffs filed suit against the City, the police department, the police union, and five police supervisors, alleging violations under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 1983, and other federal and state laws. On appeal, the supervisors challenged the district court's denial of their motion for summary judgment based on qualified immunity on the employment discrimination claims. The court affirmed the district court's denial of qualified immunity to Defendant Carlone on Plaintiff Raspardo's hostile work environment claim where Carlone's behavior was sufficient to permit a jury to find a hostile work environment, and where Carlone's conduct was clearly established as unlawful sexual harassment at the time of the events in question and that objectively reasonably officers would not disagree that Carlone's conduct constituted sexual harassment. The court concluded that the five individual defendants are entitled to qualified immunity on the section 1983 claims. Accordingly, the court affirmed in part, reversed in part, and remanded.