UPDATE: On October 4, 2021, the United States Court of Appeals for the Second Circuit dismissed the defendants’ appeal in this case on the premise that the appellate court was precluded from considering the officers’ assertion of qualified immunity on the claims of false arrest and malicious prosecution under 42 U.S.C.S. § 1983.
This decision allowed Ms. Chase’s remaining claims to move forward at the trial level, and for her to eventually settle the case. This decision also further highlights the important ways that sex discrimination by law enforcement, including reliance on harmful sex-based stereotypes, not only leads to bias in sexual assault investigations but also compounds the trauma of sexual assault survivors. NWLC was proud to be part of this survivor’s fight for justice and grateful that Ms. Chase found a pathway to resolve her case. Additional information can also be found in our blog post.
The National Women’s Law Center, along with our law firm partner Linklaters LLP and 30 other organizations including the Women’s Law Project, filed an amicus brief in the Second Circuit Court of Appeals in support of Nicole Chase, a 27-year-old single mother and restaurant worker who was sexually assaulted by the restaurant’s owner. Our brief highlights the ways gender bias by law enforcement, including reliance on harmful sex-based stereotypes, not only leads to failures in sexual assault investigations but also compounds the trauma of sexual assault for survivors. The brief also discusses how gender bias in law enforcement’s response to sexual assault – as was clearly evidenced by the police in this case – may violate the Constitution’s protections against sex discrimination.
Read our blog post for more background about the case.