Split 2nd Circuit Issues Divided Ruling On Intimate Association Claim

NEW YORK - A divided Second Circuit U.S. Court of Appeals panel on Jan. 6 upheld a finding that a New York State agency was liable on a former employee's intimate association claim as well as an award of punitive damages on that claim, but the majority vacated punitive damages against the individual defendants, finding that they were protected by qualified immunity (Scott M. Matusick v. Erie County Water Authority, et al., Nos. 11-1234, 11-1618, 2nd Cir.; 2014 U.S. App. LEXIS 192).

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