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 News
Third Circuit Affirms Dismissal of Suit Against Doctor
The Third Circuit affirmed an order of the District Court dismissing a
civil rights claim against Brach Eichler's client, a doctor. The
doctor was retained by the Jersey City Police Department to review the
lab test results of police officers suspected of taking steroids.
After the doctor informed the police chief of the test results,
several of the officers were declared not fit for duty until their
testosterone levels returned to an acceptable range. Several officers
sued the Jersey City Police Department, the Chief of the Jersey City
Police, the New York City Police Department and the doctor for alleged
violations of their civil rights. The other defendants answered the
complaint. Brach Eichler filed an immediate motion seeking a
dismissal, arguing that the client's alleged conduct, even if true,
did not constitute State Action subject to civil rights law
protection, or alternatively that the doctor's conduct was subject to
qualified immunity and, therefore, not actionable. The other
defendants then filed their own motions, essentially adopting Brach
Eichler's arguments. Our attorneys secured an order from the District
Court dismissing all of the claims again all of the defendants,
including the doctor. The Third Circuit affirmed the District Court's
order of dismissal. Brach Eichler's strategy was critical; we moved
for a dismissal at the onset of the case, than is, before the client
was subjected to tens-of-thousands of dollars in discovery expenses.
Stuart Polkowitz was assisted by Tom Kamvosoulis in this matter. The
decision is in Kramer v. The City of Jersey City.
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