Legal Opinion

Eugene C. Romer v. Howard R. Leary, as Police Commissioner of the City of New York, and the City of New York

Court of Appeals for the Second Circuit

Decided April 10, 1970No. 574, Docket 34248PublishedCited by 56 opinions

1Opinion of the Court

DOOLING, District Judge:

Plaintiff, then a New York City policeman, was dismissed from the Police Department under Section 1123 of the New York City Charter on September 23, 1963, when, directed to appear and testify before a Grand Jury, he refused to sign a waiver of immunity, relying upon his privilege against self-incrimination. After Gardner v. Broderick, 1968, 392 U.S. 273, 88 S.Ct. 1913, 20 L.Ed.2d 1082, held, in a parallel case, that Section 1123 was invalid, plaintiff filed the present action. Defendants moved to dismiss on the ground that the action, commenced in October 1968, was…

2Cases cited6 opinions

  1. Gardner v. BroderickSupreme Court of the United States · 1968
  2. Uniformed Sanitation Men Ass'n v. Commissioner of Sanitation of New YorkSupreme Court of the United States · 1968
  3. Donald A. Swan v. Board of Higher Education of the City of New York by Gustave G. Rosenberg, Its Chairman, George A. Pierson, and Margaret v. KielyCourt of Appeals for the Second Circuit · 1963
  4. Luckenbach Steamship Co., Inc. v. United StatesCourt of Appeals for the Second Circuit · 1963
  5. Lutheran Church in America v. City or New YorkAppellate Division of the Supreme Court of the State of New York · 1967

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3Cited by56 opinions

  1. Board of Regents of Univ. of State of NY v. TomanioSupreme Court of the United States · 1980
  2. 10 Fair empl.prac.cas. 1331, 10 Empl. Prac. Dec. P 10,294 Selene Weise v. Syracuse University, Jo Davis Mortenson v. Syracuse UniversityCourt of Appeals for the Second Circuit · 1975
  3. David DeMATTEIS, Plaintiff-Appellant, v. EASTMAN KODAK COMPANY, Defendant-AppelleeCourt of Appeals for the Second Circuit · 1975
  4. Edgar Pauk v. The Board of Trustees of the City University of New YorkCourt of Appeals for the Second Circuit · 1981
  5. Abrams v. Carrier Corp.Court of Appeals for the Second Circuit · 1970

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