Wednesday, October 24, 2007

Establishment Clause Claim From Required AA Treatment Is Dismissed

In Davis v. City of New York, 2007 U.S. Dist. LEXIS 78031 (EDNY, Sept. 28, 2007), a police officer in the NYPD alleged a number of constitutional and statutory violations stemming from police officials forcing her into treatment for alcoholism. One of her claims-- that the city violated the Establishment Clause by placing her in a religious-based Alcoholics Anonymous program-- was dismissed because plaintiff alleged only that the AA program was "religious-based", and did not allege that she was forced to pray or worship any god. (See prior related posting.)