Civil Rights and Personal Injury and General Practice Law Firm, Dedicated to Social Justice
The Law Offices of Frederick K. Brewington is a well-respected litigation firm with an office in Hempstead, Long Island. Our focus is primarily in the area of civil rights, voting rights, employment discrimination, police misconduct, personal injury, medical malpractice, wrongful death and criminal law. However, the Law Offices of Frederick K. Brewington is a full- service law firm handling matters in numerous areas of law and providing a wide range of services from contract formation to litigation and trial practice.
United States Federal District Court Denies Appeal of Correction Officer Who Physically Threatened Client over Racial Discrimination and Harassment Allegations
Manny DaSilva, a Nassau County Correction Officer who is a defendant in a racial discrimination, hostile work place and harassment lawsuit filed by Rodney Johnson, has his motion to halt the lawsuit denied.
Mr. Johnson is a client of Law Offices of Frederick K. Brewington. A Correction Officer and a 12-year employee of the Nassau County Correction Department, Mr. Johnson claimed he experienced racial discrimination and harassment at the hands of the Sheriff’s Department after being elected a drill instructor as part of the Nassau County Correction Department’s High Impact Incarceration Program. The lawsuit claims Mr. DaSilva, a fellow correction officer, was subjected to a hostile work environment and unjustly treated Mr. Johnson and, when he learned of the allegations Mr. Johnson made against him, he physically threatened Mr. Johnson and took other wrongful actions.
On December 30, 2010, Mr. Johnson filed suit against the Sheriff’s Department and other county employees. The County sought to have the case dismissed, but on September 2, 2014, the U.S. District Court ruled the many of the claims of the lawsuit would stand and the matter would go forward to trial.
Three weeks later — on September 26, 2014 — Mr. DaSilva asked the Court to reconsider the motion to have the last claim against him dismissed because the Court dismissed the same claims against his fellow co-defendant employer and employees. He also claimed he can only be found liable under an “aiding and abetting” theory if the employer or other employee(s) remain potentially liable to the same claim because an individual cannot aid and abet his own conduct. In short, Mr. DaSilva said, if they could not be found liable, neither could he. The Court confirmed its prior ruling and disagreed with DaSilva. On January 30, 2015, Federal District Court Judge Joseph F. Bianco denied the motion.
To see a copy of the case, click here.
556 Peninsula Blvd., Hempstead, New York 11550 | Phone: 516-489-6959 | Fax: 516-489-6958
Attorney Advertising
DISCLAIMER: THIS NEWSLETTER IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSTRUED AS
LEGAL ADVICE ON ANY MATTER. LEGAL COUNSEL SHOULD BE CONSULTED FOR ADVICE REGARDING ANY MATTER.
COPYRIGHT © 2015 BY LAW OFFICES OF FREDERICK K. BREWINGTON