Imhof v. New York CIty Housing Authority

Order and procedural posture

The court scheduled oral argument on Defendant Daniel Sherrod’s motion for summary judgment for May 27, 2025, at 4:00 p.m. in Courtroom 12D at 500 Pearl Street, New York, New York. The order did not state whether the motion was granted or denied.

Issues identified for argument

The court directed the parties to be prepared to discuss two issues:

1. Whether the Supreme Court’s analysis in Davis v. Passman is relevant to Sherrod’s argument that the Rehabilitation Act preempts Plaintiff John Imhof’s claims against Sherrod under the New York City Human Rights Law. The order also cited decisions addressing whether the Rehabilitation Act provides an exclusive remedy in certain federal-employment discrimination claims.

2. Whether Imhof’s New York City Human Rights Law claims against Sherrod fall within the Westfall Act’s exclusivity provision. Specifically, the parties were to address whether the claims are for “injury or loss of property, or personal injury or death” and arise from a “negligent or wrongful act or omission.”

The parties were permitted, but not required, to submit simultaneous supplemental briefs of no more than 5,000 words each by May 23, 2025.

Disposition

Judge John P. Cronan issued a scheduling order setting oral argument and identifying issues for the parties to address. The opinion does not resolve the preemption question, the Westfall Act question, Sherrod’s summary-judgment motion, or Imhof’s underlying claims.