The president of the New York State Court Officers association has filed a class action lawsuit against the chief judge of the New York State Courts Administration, claiming that the court is not providing a safe working environment for the court officers in response to COVID-19.
Dennis W. Quirk says that the Honorable Janet DiFiore, Chief Judge of the State of New York and head of the New York State Office of Court Administration, has not provided a safe working environment for court officers by not properly cleaning and sterilizing the court officers work environment.
The plaintiff goes on to state that the defendant failed to properly clean and sterilize the working and common areas within the New York state courts to ensure a safe working environment for union members as well as other individuals entering the courthouse, including judges, attorneys, court personnel, and litigants.
In addition, Quirk states that DiFiore has not established safety protocols for the continuance and cleaning and sterilization of the work place environment or provide the court officers with suitable personal protective equipment (PPE) in their frontline capacity as officers confronting COVID-19.
Quirk states that the defendant has also refused to train the court officers with respect to the use, maintenance, care for or disposal of PPE with respect to issues surrounding COVID-19.
In addition, the plaintiff claims that the court administration has not properly inspected and established protocols within New York State courthouses for continual monitoring and disinfecting of the courthouses to address health and safety concerns with respect to issues surrounding COVID-19.
“Defendant’s actions, policies, and practices have created a substantial and specific danger to the public health and safety in that they have created a breeding ground for and spread of COVID-19,” notes the New York state courts officer class action lawsuit.
Quirk maintains that he has filed documents in accordance with the New York Freedom of Information Law (FOIL) regarding the budget and expenditures of the New York State Courts of Appeals as he had concerns about improper spending within the court system which would take away funding from safety measures within the court system and create a substantial danger to public safety. According to Quirk, the defendants have never, to date, responded to the FOIL requests.
He says that, during the course of his employment with the defendant and as union president, he has consistently and vigorously objected to the lack of PPE and properly sterilized work areas for union members to combat the very clear and present danger that COVID-19 issues have manifested within the court system as it began to reopen.
“As a result of the failure of Defendants to provide PPE to union members and properly sterilized work areas within the court system, union members have been and continue to be, exposed to COVID-19 and have in fact contracted coronavirus and have died as a result of said failure,” the New York State Courts officer class action lawsuit states.
He goes on to say that the court administration maintains a pattern, policy, and practice of limiting or denying his free association and protective speech.
Quirk maintains that the defendants have undertook a course of conduct under the color of state law to silence him by threatening him with disciplinary action, looking to infringe upon his advocacy for his members, infringe on his right to free speech, and limit his association with his members by trying to remove him from office.
Quirk also says that the court administration infringed upon his protected speech and the association of the union, by subjecting him with disciplinary action and threatening him with suspension of employment and possible termination of employment.
Quirk also maintains that the defendant engaged in acts of intimidation upon union activities, particularly the actions of Quirk, with the intent to chill the advocacy for safety measures to be provided by defendants to union members.
Quirk believes that he has been damaged in an amount to be determined at trial, but he says that it could be in excess of $1 million. In addition, Quirk is seeking punitive damages in the amount of $2 million.
“The actions and/or lack thereof of the OCA…have contributed and are continuing to contribute to the unsafe conditions within the New York State Court system as to present an imminent and substantial endangerment to health and safety of plaintiffs, as well as other persons within the New York State courthouses,” the New York state courts officer class action lawsuit goes on to say.
What do you think of the alleged complaints about the New York state courts? Leave a message in the comments section below.
The plaintiff is represented by Pat Bonanno of Pat Bonanno & Associates.
The New York State Courts Officer Class Action Lawsuit is Quirk, et al. v. DiFiore, et al., Case No. 7:20-cv-05027, in the U.S. District Court for the Southern District of New York.
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