COURT LOSS: Ivy Reeves New Case Against Michael Sabatino And Others Is Barred By The Judge, Because The Matter Had Previously Been Adjudicated In Favor Of The City of Yonkers
NEW YORK: Pro Se Plaintiff And Recent Yonkers Mayoral Candidate Ivy Reeves Went Up Against And Lost To Matthew Gallagher, Esq., Dusan Lakic, Esq. From The City of Yonkers, Office of the Corporation Counsel
YONKERS: In 2012 the City of Yonkers hired Ivy Reeves as a legislative aide for city councilman Michael Sabatino.
Despite initially supporting Ivy Reeves’s activism, Michael Sabatino admonished her after a 2013 newspaper article.
Later seeking local office, Ivy Reeves challenged city councilman Christopher A. Johnson for his seat.
Michael Sabatino fired Ivy Reeves on grounds that she was using “comp” time off to campaign for election, and because her City Council candidacy created a conflict of interest between her status as a candidate and her role as an employee of the council’s Office of Minority Leader.
The court dismissed Ivy Reeves’s new lawsuit against the The City of Yonkers, Michael Sabatino and Christopher A. Johnson, alleging that her termination from her position with the City for her political campaigning violated her First Amendment rights.
Ivy Reeves’s claims were barred by collateral estoppel because the issue of whether Reeves was wrongfully terminated from her position with The City of Yonkers was raised, litigated, and finally adjudicated against her in a prior proceeding.
Ivy Reeves had also included Carlos Moran in the lawsuit, because he currently serves as Commissioner of Human Resources for The City of Yonkers under Mayor Mike Spano.
Ivy Reeves did not appear to acknowledge #Yonkers’ res judicata argument, which precludes continued litigation of a case on same issues between the same parties.
Once a final judgment has been handed down in a lawsuit, subsequent judges who are confronted with a suit that is identical to or substantially the same as the earlier one will apply the res judicata doctrine to preserve the effect of the first judgment.
In the previous case the other court ruled that Ivy Reeves disability discrimination claim, concluded Councilman Michael Sabatino, Christopher A. Johnson and Carlos Moran had “proffered overwhelming evidence of a legitimate, nondiscriminatory reason for Plaintiff’s termination,” namely, “that Plaintiff’s campaign for public office created a direct conflict of interest between her status as a candidate and her role as an employee in the Office of the Minority Leader.”
In summary, the second judge concluded that the issue of whether Ivy Reeves was wrongfully terminated from her position with The City of Yonkers was squarely raised, fully and fairly litigated, and finally adjudicated against Plaintiff in the prior proceeding and therefore can’t be raised again in this new lawsuit.
The judge in the case was District Judge Kenneth Karas
Case Number: 17-CV-5341