Gernetzke v. Kenosha Unified Sch. Dist., 360 F. App'x 182. · Go Syfert
Gernetzke v. Kenosha Unified Sch. Dist., 360 F. App'x 182. Cases Citing This Book View Copy Cite
27 citation events (27 in the last 25 years) across 9 distinct courts.
Strongest positive: Caitlin Hayes et al. v. Alfred Camillo et al. (ctd, 2026-02-18)
Treatment trajectory · 2010 → 2026 · click a year to view as-of
2010 2018 2026
Top citers, strongest first. 25 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Caitlin Hayes et al. v. Alfred Camillo et al.
D. Conn. · 2026 · quote attribution · 1 verbatim quote · confidence high
n a suit against a public entity, naming officials of the public entity in their official capacities add nothing to the suit.
discussed Cited as authority (verbatim quote) Montes Jr. v. Albany County
N.D.N.Y. · 2024 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
we agree that lack of training can, in some circumstances, establish a policy under monell
examined Cited as authority (verbatim quote) Ryan v. District of Columbia
D.D.C. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence high
o obtain relief against the municipal officers, sued in their official capacity under 42 u.s.c. 1983 , must show that there existed a municipal policy that was being enforced to deny him his constitutional rights.
examined Cited as authority (quoted) Ryan v. Dist. of Columbia
D.C. Cir. · 2018 · signal: see also · quote attribution · 1 verbatim quote · confidence low
o obtain relief against the municipal officers, sued in their official capacity under 42 u.s.c. 1983 , must show that there existed a municipal policy that was being enforced to deny him his constitutional rights.
discussed Cited as authority (rule) Grande v. Hartford Board of Education
D. Conn. · 2025 · confidence medium
Conn. 2022) (stating that in “‘a suit against a public entity, naming officials of the public entity in their official capacities adds nothing to the suit’”) (quoting Davis v. Stratton, 360 F. App’x 182, 183 (2d Cir. 2010)).
cited Cited as authority (rule) Dorlette v. City of Stamford
D. Conn. · 2025 · confidence medium
Davis v. Stratton, 360 F. App'x 182, 183 (2d Cir. 2010) (summary order).
discussed Cited as authority (rule) Barrow v. Department of Corrections
S.D.N.Y. · 2024 · confidence medium
Doc. 22 at 6. �e Second Circuit has explained that “in a suit against a public entity, naming officials of the public entity in their official capacities ‘add[s] nothing to the suit.’” Davis v. Stratton, 360 F. App’x 182, 183 (2d Cir. 2010) (alteration in original) (citation omitted).
cited Cited as authority (rule) Gibbs v. Utilization Review Committee
D. Conn. · 2022 · confidence medium
Further, “in a suit against a public entity, naming officials of the public entity in their official capacities adds nothing to the suit.” Davis v. Stratton, 360 F. App’x 182, 183 (2d Cir. 2010).
discussed Cited as authority (rule) Floyd v. Rosen
S.D.N.Y. · 2022 · confidence medium
Dep’t of Educ., 994 F. Supp. 2d 581, 588 (S.D.N.Y. 2014) (quoting Dwares v. City of New York, 985 F.2d 94, 100 (2d Cir. 1993)); see also Patterson, 375 F.3d at 226 (“[A] claim against a municipal employee in his official capacity is deemed brought against the municipality itself.” (citation omitted)); Davis v. Stratton, 360 F. App’x 182, 183 (2d Cir. 2010) (summary order) (“The suit against the mayor and police chief in their official capacities is essentially a suit against the [city], because in a suit against a public entity, naming officials of the public entity in their official…
discussed Cited as authority (rule) Berkley v. City of New Rochelle
S.D.N.Y. · 2022 · confidence medium
Dep’t of Educ., 994 F. Supp. 2d 581, 588 (S.D.N.Y. 2014) (quoting Dwares v. City of New York, 985 F.2d 94, 100 (2d Cir. 1993)); see also Patterson, 375 F.3d at 226 (“[A] claim against a municipal employee in his official capacity is deemed brought against the municipality itself.” (citation omitted)); Davis v. Stratton, 360 F. App’x 182, 183 (2d Cir. 2010) (summary order) (“The suit against the mayor and police chief in their official capacities is essentially a suit against the City of Schenectady, because in a suit against a public entity, naming officials of the public entity in t…
cited Cited as authority (rule) Larsen v. Berlin Board Of Education
D. Conn. · 2022 · confidence medium
I agree. “[I]n a suit against a public entity, naming officials of the public entity in their official capacities adds nothing to the suit.” Davis v. Stratton, 360 F. App'x 182, 183 (2d Cir. 2010).
discussed Cited as authority (rule) Nixon v. The City of New York
E.D.N.Y · 2021 · confidence medium
See Lore v. City of Syracuse, 670 F.3d 127, 164 (2d Cir. 2012) (“A claim asserted against an individual in his official capacity . . . is in effect a claim against the governmental entity itself, rather than a suit against the individual personally, for ‘official-capacity suits generally represent only another way of pleading an action against an entity of which an officer is an agent.’” (quoting Monell, 436 U.S. at 691 n.55)); see also Quinones v. City of Binghamton, 997 F.3d 461 , 466 n.2 (2d Cir. 2021) (noting that a plaintiff’s official-capacity claims against individual defendan…
discussed Cited as authority (rule) Brown v. County of Kings
E.D.N.Y · 2020 · confidence medium
See Kentucky v. Graham, 473 U.S. 159 , 167 n.14 (1985); Coon v. Town of Springfield, Vt., 404 F.3d 683, 687 (2d Cir. 2005); Davis v. Stratton, 360 F. App’x 182, 183 (2d Cir. 2010) (citing Amnesty Am. v. Town of W.
discussed Cited as authority (rule) Scotto v. City of New York and Erica Caraway
S.D.N.Y. · 2019 · confidence medium
Plaintiff raises no arguments in opposition to this aspect of Defendants’ motion. “[I]n a suit against a public entity, naming officials of the public entity in their official capacities adds nothing to the suit.” Davis v. Stratton, 360 F. App'x 182, 183 (2d Cir. 2010) (internal quotation marks omitted).
discussed Cited as authority (rule) Ferreira v. Town of East Hampton
E.D.N.Y · 2014 · confidence medium
Official Capacity Second, plaintiff brings claims against the individual defendants in their official capacities as agents of the Town. “ ‘[0]ffi-cial-capacity suits generally represent only another way of pleading an action against an entity of which an officer is an agent.’ ” Castanza v. Town of Brookhaven, 700 F.Supp.2d 277, 283-84 (E.D.N.Y.2010) (quoting Monell, 436 U.S. at 690 n. 55, 98 S.Ct. 2018 ); see also Jackler v. Byrne, 658 F.3d 225, 244 (2d Cir.2011) (noting that “a claim asserted against a government official in his official capacity is essentially a claim against the g…
discussed Cited as authority (rule) Barrella v. Village of Freeport
E.D.N.Y · 2014 · confidence medium
Davis v. Stratton, 360 Fed.Appx. 182, 183 (2d Cir.2010) (“The suit against the mayor and police chief in their official capacities is essentially a suit against the City of [New York], because in a suit against a public entity, naming officials of the public entity in their official capacities ‘add[s] nothing to the suit.’ ”) (citation omitted); accord Davis v. Town of Hempstead, CV 09-1129(JFB)(ARL), 2013 WL 1623741 at *3 (E.D.N.Y.
cited Cited "see" Goss v. New London
D. Conn. · 2022 · signal: see · confidence high
See Davis v. Stratton, 360 F. App’x 182, 183 (2d Cir. 2010) (summary order).
cited Cited "see" Cruz v. Police Department
D. Conn. · 2022 · signal: see · confidence high
See Davis v. Stratton, 360 F. App’x 182, 183 (2d Cir. 2010) (summary order). “[A] municipality cannot be held liable under §1983 on a respondeat superior theory.” Monell v. Dep’t of Soc.
cited Cited "see" Greene v. Waterbury Police Dept
D. Conn. · 2021 · signal: see · confidence high
See Davis v. Stratton, 360 F. App’x 182, 183 (2d Cir. 2010) (summary order).
cited Cited "see" Goss v. New London
D. Conn. · 2021 · signal: see · confidence high
See Davis v. Stratton, 360 F. App’x 182, 183 (2d Cir. 2010) (summary order).
discussed Cited "see, e.g." Doe v. Deluca
Vt. Super. Ct. · 2025 · signal: see also · confidence low
“The acts of taking photographs and recording videos are entitled to First Amendment protection because they are an important stage of the speech process that ends with the dissemination of information about a public controversy.” Ness v. City of Bloomington, 11 F.4th 914 , 923 (8th Cir. 2021); see also Davis v. Stratton, 575 F. Supp. 2d 410, 421 (N.D.N.Y. 2008) (“[I]t has already been established in the Second Circuit that communicative photography is well-protected by the First Amendment. . . . [B]ecause Plaintiff intends to and does spread his message to the specific audience who view…
discussed Cited "see, e.g." Jones v. Sansom
D. Conn. · 2022 · signal: see also · confidence medium
“As long as the government entity receives notice and an opportunity to respond, an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity.” Kentucky v. Graham, 473 U.S. 159, 166 (1985) (citation omitted); see also Reynolds v. Giuliani, 506 F.3d 183, 191 (2d Cir. 2007) (“An official capacity suit against a public servant is treated as one against the governmental entity itself.” (citation omitted)). “[I]n a suit against a public entity, naming officials of the public entity in their official capacities add[s] nothing to the suit.” Dav…
discussed Cited "see, e.g." Quinn v. Gould
D. Conn. · 2020 · signal: see also · confidence medium
“As long as the government entity receives notice and an opportunity to respond, an official-capacity suit is, in all respects other than name, to be treated as a suit against the entity.” Kentucky v. Graham, 473 U.S. 159, 166 (1985); see also Reynolds v. Giuliani, 506 F.3d 183, 191 (2d Cir. 2007) (“An official capacity suit against a public servant is treated as one against the governmental entity itself.”). “[I]n a suit against a public entity, naming officials of the public entity in their official capacities add[s] nothing to the suit.” Davis v. Stratton, 360 F. App’x 182, 18…
discussed Cited "see, e.g." Leitner v. Westchester Community College
2d Cir. · 2015 · signal: see, e.g. · confidence low
See, e.g., Davis v. Stratton, 575 F.Supp.2d 410, 424 (N.D.N.Y.2008), rev’d on other grounds, 360 Fed.Appx. 182 (2d Cir.2010); Staskowski v. Cnty. of Nassau, 05-CIV-5984, 2006 WL 3370699 , at *1 (E.D.N.Y.
discussed Cited "see, e.g." Kanderskaya v. City of New York
S.D.N.Y. · 2014 · signal: see also · confidence medium
See also Davis v. Stratton, 360 Fed.Appx. 182, 183 (2d Cir.2010) (unpublished) (dismissing claims against a municipal officer in the officer’s official capacity as duplicative); Hobbs v. Police Officers of City of New York, 10 Civ. 5717 SHS HBP, 2014 WL 502030 , at *8 (S.D.N.Y.
Retrieving the full opinion text from the archive…
Gernetzke
v.
Kenosha Unified School District
360 F. App'x 182

SUMMARY ORDER

Defendants-appellants Brian U. Strat-ton, the Mayor of Schenectady, and Michael N. Geraci, the Schenectady Chief of Police, appeal from the judgment entered September 9, 2009, enjoining them from preventing plaintiff-appellee Greg Davis from preaching and conducting other activities in certain areas of the campus of the Schenectady County Community College (“SCCC”)- Both appellants were sued only in their official capacities. The judgment also enjoined defendant Michael Diannibale, [1] Assistant Dean of Administration for SCCC, who has not appealed. Although the caption of the judgment lists SCCC as a defendant, a footnote to the judgment clarifies that SCCC was inadvertently included in the caption and that SCCC is not a party.

We assume the parties’ familiarity with the facts and procedural aspects of this case.

The suit against the mayor and police chief in their official capacities is essentially a suit against the City of Schenectady, because in a suit against a public entity, naming officials of the public entity in their official capacities “add[s] nothing to the suit.” Gernetzke v. Kenosha Unified School District No. 1, 274 F.3d 464, 466 (7th Cir.2001).

The appellee recognizes that to obtain relief against the municipal officers, sued in their official capacity under 42 U.S.C. § 1983, he must show that there existed a municipal policy that was being enforced to deny him his constitutional rights. See Monell v. Department of Social Services, 436 U.S. 658, 690, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); Amnesty America v. Town of West Hartford, 361 F.3d 113, 124-25 (2d Cir.2004).

The District Court’s opinion did not consider Monell or any other decision involving the municipal policy requirement for public officers’ official capacity Lability. The Court made no finding of a municipal policy. Instead, the Court considered the “main issue” to be “whether Plaintiff has a First Amendment right to preach, hand out leaflets, and videotape his actions in the Quad area of SCCC, and whether that right was violated by his removal from SCCC.” Davis v. Stratton, 575 F.Supp.2d 410, 416 (N.D.N.Y.2008). The Court’s resolution of that issue, the correctness of which is not disputed in this appeal, may have sufficed to support relief against Diannibale, but a finding of a municipal policy was essential to the granting of relief against the municipal officials.

In this case, the plaintiff-appellee contends on appeal that he is relying on “the City’s policy of deferring to the college without any independent constitutional assessment.” Appellee’s Br. at 18 (emphasis in original), also described as “the City’s policy of simply deferring to the college as far as who to remove, regardless of the constitutional rights involved,” id. at 31 (emphasis in original). He particularizes his claim by stating that “a policy can consist of deliberate indifference to inadequate training,” id. at 20 (citing City of Canton v. Harris, 489 U.S. 378, 388, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989)), and he identifies various components of proper training that he believes the City should[*184] have undertaken to promote police officers’ compliance with First Amendment limitations in the context of an exercise of free speech right on the campus of a public college, see id. at 22.

We agree that lack of training can, in some circumstances, establish a policy under Monell, and that, in some circumstances, the need for training may be so obvious that the lack of training “could properly be characterized as ‘deliberate indifference’ to constitutional rights.” Harris, 489 U.S. at 890 n. 10, 109 S.Ct. 1197 (training on use of firearms to arrest fleeing felons). However, it is not obvious what training a city must undertake to assure police officers’ compliance with First Amendment standards in the various situations that may arise when officers are called by college officials to remove people from college property, even college property that is publicly owned. Some portions of a public college’s campus may be a public forum, but a campus is not the village green. Nor is it obvious that a deliberate indifference claim may be established by a single episode of removing a person from a college campus.

We need not explore the appropriate extent of training needed to defeat a Monell claim based on lack of training in the context of this lawsuit because the plaintiff failed to provide sufficient evidence to permit a fact-finder to find a municipal policy grounded on lack of required training. The plaintiff did not present a deposition from any senior officer of the Police Department or any training officer. The only evidence presented as to training was the deposition of Officer Jason Slingerland. He stated that other than police academy training and in-house service training, he had not received specific training in civil rights or free speech issues, and he did not know of other officers who had had such training. This fragmentary testimony would not provide a fact-finder with a basis to determine whether the training of police officers in the Schenectady Police Department was so deficient as to establish a municipal policy of indifference to constitutional rights.

In any event, we note that the likelihood of future violations of the plaintiffs rights on the SCCC campus have been substantially diminished by the unappealed injunction against Dean Diannibale and the Police Department’s awareness of that injunction.

The judgment of the District Court is reversed, and the case is remanded with directions to dismiss the complaint against defendants Stratton and Geraci. No costs.

1

. The record also contains documents spelling this name "D’Annibale," "D'Annabale.'' and "DiAnnibale.”