a city councilman who, if wcbs is correct, has become the recipient of a little leaden message.
dep
New York, September 23, 2002 – United States District Judge Shira A. Scheindlin today reversed a $100,000 federal jury verdict rendered in June for New York City Councilmember James E. Davis. Davis had filed a lawsuit claiming that the New York City Police Department violated his First Amendment rights by retaliating against him for speaking against alleged police brutality in 1998.
Judge Scheindlin determined that Davis “failed to present sufficient evidence to support a finding that the New York City Police Department had a policy or custom of retaliating against its officers for engaging in First Amendment activities.” Accordingly, Judge Scheindlin granted the City’s motion to dismiss the case and the reward.
>>snip<<<
The case grew out of Davis’ attempt to run for the State Assembly in 1998 while serving as a police officer. Section 1129 of the City Chrter provides that any police officer who is nominated by any party for an elected office and who does not decline the nomination within ten days must be “deemed resigned.”
>>>snip<<<
Despite acknowledging that his name was on the ballot and that he actively campaigned for public office, Davis insisted that he had not violated the Charter and had not resigned. Davis sought reinstatement and obtained a letter from the Liberal Party confirming that he had not been properly “designated” as a candidate by that party. By that time however, the Police Department was investigating claims of misconduct by Davis in connection with the 1998 campaign. Accordingly, the Department refused to reinstate Davis until the investigation was completed.
In compliance with a state court order, the Department reinstated Mr. Davis with full back pay, including interest. Nevertheless, Davis initiated his federal suit seeking millions of dollars in damages claiming that he suffered emotional damages and injury to his reputation as a result of the termination and refusal to reinstate.