Second Circuit dismisses City’s appeal

NEW YORK CITY (TIP): A visibly pleased Ravi Batra, attorney for Krittika Biswas said in a statement , “I am happy to report, with great professional and American pride, that the lofty United States Second Circuit Court of Appeals, with a panel of its distinguished Judges, the Hon. Jose A. Cabranes, Hon. Chester J. Straub and Hon. Raymond J. Lohier, Jr., in a lightning fast Order, dated August 25, 2014, a mere three days after the Argument on August 20, 2014, agreed with our opposition that not a single defendant enjoyed “qualified immunity” and hence, were not entitled to get Krittika’s case dismissed and leave her without a remedy for the wrongs inflicted upon her by the defendants as claimed in the suit. Indeed, that Krittika Biswas is a daughter of an Indian Diplomat is not a crime.

Hence, it is fair to say that the constitutional 4th Amendment bar against unreasonable searches and seizures was re-vindicated and I enjoyed doing so before a Court of great substance. “On September 30, 2013, SDNY Judge Koetl had issued a scholarly and thorough Order, in which the court rebuffed the defendants’ ignoble attempt to dismiss Krittika’s case in its entirety. The City Law Department on behalf of all defendants took the unusual step to take an interlocutory appeal seeking to dismiss the case in the Second Circuit Court of Appeals based upon “qualified immunity” grounds.

I had warned the City’s lawyers not to engage in this burdensome process, as we would oppose same and expected to beat them, based upon binding precedent, in the second highest court of our nation. “The City’s tactic of excessive litigation, defying precedent as if they could levitate beyond the gravity of law, was intended to intimidate Krittika and burden her lawyers beyond violations’ damages, hence causing an explosive growth of legal effort and fees to defend Krittika’s rights, is at best only going to continue to drive up the legal fees component of the case while publicly embarrassing the defendants at every turn.

While defendant Kim-Ross has taken early retirement and can no longer hurt any school kids, and we wish her well, but not every defendant has. Indeed, defendant-principal Howard Kwait has during the pendency of this case been found guilty of ethics violations in unrelated matters as publicly reported, shows that the now upcoming discovery phase and subsequent Jury trial will serve to expose systemic flaws in our public school system’s disciplinary process that put 1.1 million of our kids at risk of being falsely charged, falsely arrested and accepting undeserved punishment as they can’t afford the fight we are fighting on Krittika’s behalf. It appears that defendant-principal Howard Kwait’s ethical and constitutional compass are in need of the disinfectant sunshine that only a public trial in court can bring.

Upon Krittika’s expected success, while her damages remain what they were, the excessive litigation bill will be paid by the City of New York for its unbecoming and unjust excessive litigious stance. “Indeed, the Court held that ‘We have considered all of defendants’ arguments and find them to be without merit.

For the reasons set out above, the appeal from the September 30, 2013 judgment of the District Court is DISMISSED for lack of jurisdiction.’ “Like with prosecutorial offices, society expects more from municipal law departments than merely acting as private litigants who wish to win at any cost, as they ought to do justice and help form as Thomas Jefferson wanted, ‘…a more perfect union.’ Until Krittika receives a full measure of justice, including, paying for her exploded legal fees due to the defendants actions, this case will not go away. Krittika’s respect will be redeemed in full measure.”