Sujata Gibson and CHD Fight to Get Class Action Certification for Fired NYC Teachers and Educators
Fight continues for NYC workers who declined covid vaccination
Attorney Sujata Gibson and Children’s Health Defense filed a motion in NY Supreme Court to reargue the denial of class certification for NYC teachers and educators fired or displaced for declining covid vaccination.
Last month 10 out of 12 named plaintiffs had their religious exemptions to vaccination approved by the court and were reinstated to their jobs. However NYC quickly appealed the decision so none of the 10 plaintiffs were able to get their jobs back. This appeal will delay the case for 6 to 12 months.
Sujata Gibson filed a motion with the court asking for two actions:
Reconsider the denial of certification by the court and certify a class action
Bring the Constitutional and Human Rights claims back before the court
Judge Porzio dismissed the Constitutional and Human Rights claims. However attorney Sujata Gibson states this was done prematurely.
The article 78 claims were (mostly) upheld by Judge Porzio, where he reinstated 10 fired educators. But article 78 is a “fast track” mechanism designed to get relief quickly. The other Constitutional and Human Rights claims made in the case must legally go through a much longer process, so dismissing them last month was done prematurely. All factual issues must be resolved through a trial before they can be dismissed, and there has been no trial.
Read Sujata Gibson’s motion to the court attached below.
These legal efforts are expensive. Please donate to Children’s Health Defense by going here: https://childrenshealthdefense.org/about-us/fall-2023-million-dollar-match/?itm_term=homehero
We desperately need to reform the legal system.
It's designed to delay justice even when the case is clear about constitutional rights.