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Attorney Paul J. Margiotta of The Margiotta Law Firm, P.C., announced today that he is seeking $100 million in damages for his client, Officer Jeff Colletti, claiming Officer Colletti’s civil rights were violated when he was denied a leave of absence to care for his sick wife and newborn child, and that his client should have been entitled to take time off under the federal Family and Medical Leave Act.

According to Mr. Margiotta, Officer Colletti – a 20-year veteran – suffered an injury in the line of duty on September 8, 2006, when he responded to a call for an emergency situation from his fellow officers. While responding to the situation, Officer Colletti suffered serious and permanent injury to his right Achilles tendon. As a result, he was placed on “line of duty injury” status.

For the next five months, Officer Colletti underwent intense physical therapy to heal his Achilles tendon. On February 26, 2007, Officer Colletti was admitted to North Shore/Long Island Jewish Hospital for surgery to correct his injury. On September 30, 2007, Officer Colletti came off his “line of duty” status.

On March 29, 2008, his wife Christine gave birth to their child, Saverio Paul Colletti. About a month later – on April 28, 2008 – Christine experienced severe and debilitating post partum depression. She was admitted to John J. Mather Hospital on May 11, 2008, as a result of the severe and life-threatening condition.

Officer Colletti requested leave on April 1, 2008 – pursuant to the Family and Medical Leave Act and the Collective Bargaining Agreement between Nassau County and the Sherriff Officers Association of Nassau County – to take care of his seriously ill wife and his newborn son. David Kondrup, Acting Deputy Undersherriff, Nassau County Sherriff’s Department, denied Officer Colletti’s request. On April 30, 2008, Michael F. Adams, President, Sherriff Officers Association, appealed to Acting Deputy Undersherriff Kondrup to reconsider his denial and grant Officer Colletti’s request. His appeal met with no response.

“The county knowingly violated my client’s civil and constitutional rights when they denied his request to take time off to be by his wife’s side and care for his infant child,” Mr. Margiotta said. “Officer Jeff Colletti has served on the force for 20 years and has a spotless record. It is a tragedy to do something like this to a fine law enforcement official such as Jeff Colletti.”

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Touro Law Center
August 2008

Each month, Touro’s Alumni and Development Office recognizes one outstanding alum for his or her contribution to the legal field, service to the law school or other outstanding achievement.

Paul J. Margiotta, 2002 – The Margiotta Law Firm, P.C.

Law Practice
Paul J. Margiotta, is the founder of The Margiotta Law Firm, P.C. Mr. Margiotta began his practice as a sole practitioner and has been in practice since February 2003. Mr. Margiotta concentrates his practice on state and federal civil litigation, in areas such as personal injury, civil rights, education, employment and municipal law.

Professional Profile
While attending Touro College Jacob D. Fuchsberg Law Center, Mr. Margiotta was a Court Officer and the President of the Court Officer’s Benevolent Association of Nassau County, the union representing the New York State Court Employees working in the Nassau County Courts. After graduating from Touro, Mr. Margiotta was hired as the “Special Prosecutor and Assistant Town Attorney” for the Town of Babylon in January 2003. In January 2004, Mr. Margiotta was promoted to “Special Prosecutor and Deputy Town Attorney” for the Town of Babylon. In January 2008, Mr. Margiotta appointed “Town Attorney” for the Town of Babylon. Mr. Margiotta continues his private practice while serving as “Town Attorney” for the Town of Babylon.

Education
Mr. Margiotta received a B.A., in Criminal Justice/Behavioral Science from The New York Institute of Technology in 1990 and received the “Criminal Justice Award”. Mr. Margiotta was enrolled in the dual degree program at Touro College Jacob D. Fuchsberg Law Center and Dowling College, receiving an Masters in Business Administration and Juris Doctor upon completion. Mr. Margiotta graduated cum laude from Touro College Jacob D. Fuchsberg Law Center and magna cum laude from Dowling College. Mr. Margiotta made deans list and received the CALI Award in Intellectual Property and Business Organizations.

Professional Affiliations
Mr. Margiotta is a member of the Suffolk County Bar Association, the Nassau County Bar Association, the New York State Bar Association, the New York City Bar Association, the New York County Lawyers Association, the Federal Bar Association and the American Association for Justice.

Admissions
Mr. Margiotta is admitted to practice in New York State and in the United States District Court, Eastern District of New York and the United States Court of Appeals for the Second Circuit.

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Newsday
March 13, 2008
By Carl Macgowan

Despite a state order in his favor, a hearing-impaired Westbury teenager was barred Tuesday morning from bringing his service dog to school.

John Cave, 15, his mother, his twin sister and a family attorney were met at the entrance of W. Tresper Clarke High Scool in East Meadow by principal Timothy Voels, who refused to allow the dog inside the school. The Caves and attorney Paul Margiotta then left, and John Cave did not return to school.

“I don’t think they know what they’re doing,” John Cave said of school district officials, who have said the dog, Simba, poses a safety threat to other students. “I think they’re going to be in big trouble with the state.”

The incident was the latest salvo in a year-long battle between the Cave family and the East Meadow School District over John Cave’s desire to bring Simba to class.

The Caves on Monday received the support of the state Division of Human Rights, which ruled that the school district’s policy discriminates against disabled students. Human Rights Commissioner Kumiki Gibson said in a 24-page decision that the district was in violation of two sections of state human rights law.

East Meadow Superintendent of Schools Leon Campo said Monday the district would appeal the decision.

The confrontation on Tuesday morning lasted less than a minute as reporters watched from a distance. Margiotta said Voels, who was accompanied by a sign language interpreter, told the family that the district would not abide by the state’s ruling.

“They said the commissioner’s decision is not enforceable without a court order,” Margiotta said. “This school is out of control.” He said he will seek a court order to force the school to admit Simba when the district files its appeal.

With Simba lying at his feet, John Cave said he was nervous before going to school Tuesday morning.

“I didn’t get enough sleep last night, so I’m going to go home and rest,” he said.

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Update on John Cave Jr.

Disability Nation
March 11, 2008
By Larry

Breaking news on a story DisabilityNation first covered over a year ago. Despite a state order in his favor, a hearing-impaired Westbury teenager was barred Tuesday from bringing his service dog to school. John Cave, 15, his mother, his twin sister and a family attorney were met at the entrance of W. Tresper Clarke High School in East Meadow by principal Timothy Voels, who refused to allow the dog inside the school.

The Caves and attorney Paul Margiotta then left, and John Cave did not return to school. “I don’t think they know what they’re doing,” John Cave said of school district officials, who have said the dog, Simba, poses a safety threat to other students. “I think they’re going to be in big trouble with the state.”

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Rejecting Ruling, School Bars Student. Again

Simple Justice
March 11, 2008
By SHG

The principal of the W. Tresper Clarke High School in East Meadow, New York, had a decision to make. He could do what most people would have done, and accepted the ruling of the New York State Division of Human Rights, and allowed 15 year old John Cave, accompanied by his service dog “Simba”, to attend school, or not.

Timothy Voels, the principal, decided to block the door to the school, according to Newsday.

Despite a state order in his favor, a hearing-impaired Westbury teenager was barred Tuesday morning from bringing his service dog to school.

John Cave, 15, his mother, his twin sister and a family attorney were met at the entrance of W. Tresper Clarke High School in East Meadow by principal Timothy Voels, who refused to allow the dog inside the school. The Caves and attorney Paul Margiotta then left, and John Cave did not return to school.

There are two levels of concern raised by Voels action. On the first level, there is a student who is being harmed by a public school. The principal, I would expect, would argue that bringing a service dog to school will “disrupt” other students, and it is his responsibility to care for the majority over the individual. It is hard to fathom that anyone could believe such tripe in this day and age. Except a principal.

The second level is respect for the determination of the agency responsible for enforcing laws relating to non-discrimination in New York governmental subdivisions, such as school districts. The message from East Meadow is that they answer to no one. They will decide what will happen within the walls of their schools, and no outsider will tell them otherwise.

As usual, a young man is lost in the arrogance of overly important people trying to prove their pre-eminence. This is a nice way of saying who has the bigger genitalia. And there is always some poor kid, some poor family, caught in the middle. But this time, Voels has gone too far.

The confrontation on Tuesday morning lasted less than a minute as reporters watched from a distance. Margiotta said Voels, who was accompanied by a sign language interpreter, told the family that the district would not abide by the state’s ruling.

There is a pervasive stench of petty dictatorship that emits from school districts. They know better than anyone. They listen to no one. When the caught committing crimes, they always have a ready excuse, and smiling chorus of sycophants that will back them up no matter how vapid their rationalization. It would be a brilliant set up, if only it wasn’t so damaging to students and families. Even the ones to foolish to realize that they are played for fools.

So here’s a petty tyrant, whether it’s Principal Voels, the district superintendent Leon Campo, or the school board (which exists to rubber stamp the “professionals”), doing harm to students, one at a time. It’s hegemony in a little pond.

John Cave, the 15 year old who only wants to go to school, deserves better:

With Simba lying at his feet, John Cave said he was nervous before going to school Tuesday morning. “I didn’t get enough sleep last night, so I’m going to go home and rest,” he said.

If I was his father, I would hold him and rock him until he fell asleep. He sounds like a fine young man.

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