Castro v. Local 1199, National Health & Human Services Employees Union
United States District Court for the Southern District of New York
964 F. Supp. 719 (S.D.N.Y. 1997)
After returning from disability leave, Castro (plaintiff) questioned her employer's Union (defendant) about not receiving her usual assignments; at a meeting, Frankel angrily yelled at her, slamming the table and moving his chair closer, telling her she "could lose more than your job" if she didn't accept what she was given, and when Castro asked if he was threatening her life, Frankel responded "take it any way you want." Castro sued for civil assault, and Frankel moved for summary judgment.
Whether angry verbal threats of future, unspecified harm, unaccompanied by any gesture suggesting imminent contact, are sufficient to establish a civil assault claim.