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Oct 28, 2009 11:48 AMPublication: The Southampton Press

Former police officer appeals court decision

Oct 28, 2009 11:48 AM

Former Southampton Village Police officer Brian Platt is appealing a federal court’s decision to dismiss his $1.5 million lawsuit against the village.

The lawsuit, first filed in July 2008, claims that the Southampton Village Police Department instituted a policy regarding officers on leave that targeted him. Mr. Platt, who was injured on the job, claims he was the victim of retaliation by the department and that his constitutional rights were violated.

His attorney, Steven A. Morelli of Carle Place, filed the appeal in appeals court in Manhattan last week.

“We feel that it’s a matter of law and that the trial should be allowed to go forward on his case,” Mr. Morelli said Monday. “We expect the court of appeals to overturn the lower court’s decision.”

Mr. Morelli anticipates that it will take at least a year for the federal court to make a decision on the appeal.

Federal Justice Joanna Seybert dismissed Mr. Platt’s case in its entirety in late September.

Southampton Village and the entire sitting Board of Trustees—except Richard Yastrzemski who was not on the board at the time of the incident—and Mayor Mark Epley are named as defendants in the lawsuit.

Mr. Platt claims that the policy, called General Order 83, which requires police officers on leave to report to the department each morning and to ask for permission to leave home, violated his rights as a disabled person and exacerbated his post traumatic stress disorder.

Mr. Platt maintains that the policy was instituted by Police Chief Bill Wilson as a way of getting revenge for an allegation Mr. Platt made against him.

Jessica DiNapoli

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This is the same policy followed by the NYPD...if you are home sick or disabled you may not leave the house without permission. They can call to check on you at any time.
By mjb (14), This Island on Oct 28, 09 12:10 PM
I can give you a half a million reasons to stop and read this comment.

Work Rules in public sector employment fall under 3 categories within the jurisdiction of the New York State Public Employment Relations Board (PERB) and they are mandatory subjects of bargaining, non-mandatory subjects of bargaining and prohibited subjects of bargaining.

If an employer creates a new work rule that is a non-mandatory subject of bargaining under the PERB rules without first bargaining for it’s ...more
By RonDo (33), Southampton on Oct 29, 09 3:12 PM