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What Is Selective Prosecution and What Are My Rights?

ze-medium wp-image-1596" src="https://www.gouldberglaw.com/wp-content/uploads/2014/08/shutterstock_1658757-300x200.jpg" alt="shutterstock_1658757" width="300" height="200" />Selective prosecution is an area of law that has changed dramatically in the last ten years. It used to be that a lot of times employees would be able to bring claims against their employer, again in the public setting in the event that they were treated differently from other employees in Westchester County, for example they were disciplined for an infraction when other employees were not. Now the courts have really restricted those types of claims, a lot of times you will see selective prosecution claims and settings involving disciplinary charges and again its always the comparison of how you are being treated versus how other employees are being treated and whether the infraction that you are being charged with is similar enough to the infraction that you alleged other employees engaged in to warrant that comparison. The courts always say you can’t compare apples to oranges; you always have to have a similarity that is of a close nexus in order to be considered a comparator. The question of selective prosecution also comes in the area of criminal charges being brought and that typically will follow the line of cases involving a malicious prosecution or some type of abusive process claim.

This informational blog post was provided by Kim Berg, an experienced New York Civil Rights Attorney.

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