Another NYPD Police Officer Loses Case Challenging His Placement In AA Program

A previous posting discussed three cases in which a New York federal district court dismissed complaints by New York City police officers that the Establishment Clause was violated when they were forced into an Alcoholics Anonymous program. Now another opinion released on the same day, and reaching the same result, has become available. It holds that plaintiff alleged only that the AA program was "religious based," but did not indicate whether he was forced to pray or acknowledge God, or whether there were any references to God at all in the program. The case, Herlihy v. City of New York, 2007 U.S. Dist. LEXIS 29231 (EDNY, March 30, 2007), also rejects plaintiff's claim that his speech rights were infringed when city officials retaliated against him for criticizing the NYPD order that he seek substance abuse therapy.