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Ackman
Bio PRESS
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TAXI LAW Padberg, et al. v. McGrath-McKechnie, et al Federal District
Court for the Eastern District of New York | Ind. No. 00 Civ. 3355 | Judge Raymond J. Dearie This federal class action challenged a policy instigated by Mayor Giuliani and the TLC—dubbed Operation Refusal-- by which they would suspend licenses without hearings, confiscate taxicabs and seek revocations—all for a single service refusal offense. At least 100 drivers had their licenses revoked; more than 500 (perhaps even 1000) were summarily suspended. Judge Dearie held the hearing procedure unconstitutional. Following a ruling by Judge Dearie signaling that the revocation policy would likely be found illegal, the city agreed to a settlement on the eve of trial by which cabbies received $121.50 per day for each day they suffered an unconstitutional suspension. Cabbies whose licenses were revoked received an additional $26,000 and are be eligible for reinstatement. All fines were to be repaid. For more on the settlement, which the District Court approved on August 23, click on the links below.
Documents: State Supreme Court Strikes
Down Operation Refusal The Corruption of the Judges-Bias Brief Decision
re the Deposition of Rudolph Giuliani Nnebe v. Daus Federal District
Court for the Southern District of New York | Ind. No. 06 Civ. 4991 (RJS)(AJP) |
Judge Michael Sullivan This case challenges the TLCs unwritten rule by which it suspends the licenses of taxi drivers based on the mere fact that the cabbie has been arrested. After the suspension, the TLC offers the cabbie a putative “hearing” to determine whether that suspension should be continued. Even then, the TLC’s handpicked judges disregard the facts and circumstances of the arrest and “recommend” in virtually every case that the suspension be continued. The TLC Chairman accepts the so-called recommendations without fail. In short, the TLC suspends first and asks questions later—and then ignores the answers. Motions for summary judgment are pending. DOCUMENTS: Attorney-Client
Privilege Decision (2007 U.S. Dist. LEXIS 32981) Summary Judgment
Opposition Brief Attorney-Client
Privilege Brief Rothenberg v. Daus This case
challenges the TLC’s unwritten policy by which it automatically revokes the
licenses of drivers convicted of a crime regardless of circumstances or
because a driver fails a drug test. Ackman v. Giuliani, Index No.
101652/00 This case established the public’s right of access to TLC courts FROM THE DECISION: Smith v. McGrath-McKechnie, et al Federal District
Court for the Eastern District of New York | Ind. No. 01 Civ 1786 (RJD) | Judge
Raymond J. Dearie There is a scene in the movie The Verdict where attorney Frank Galvin (played by Paul Newman) insists to his date that the idea of a court is not to dispense justice. The court, Galvin says, exists to give people "a chance at justice." But even in this ideal, the New York City Taxi & Limousine Commission has a problem, because most cabbies believe that in the TLC's courts, they have no chance. The Smith case illustrates this phenomenon. As one cabbie obtained an injunction against his suspension and later a cash payout. Plaintiff's Documents: Ackman Supplementary Declaration Contact: Dan Ackman e-mail: d.ackmanATComcast.net
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