Bantle & Levy represents Keith Lilly in a disability discrimination lawsuit against his former employers, the State of New York and New York State Assemblyman Edward Gibbs.

Owing to his decades-long career in New York City politics, Mr. Lilly (who suffers from Type II diabetes) was recruited to serve as Senior Advisor to Mr. Gibbs upon Mr. Gibbs’ election to the Assembly in 2022.  Beginning with the development of a hole in his left foot in early Summer 2023, Mr. Lilly’s diabetes precipitated a health crisis that necessitated his hospitalization and, mere weeks later, the amputation of his left leg.  As alleged in the Complaint, less than a week after Mr. Lilly’s hospitalization – and the day before he knew certain of Mr. Lilly’s left toes were scheduled to be surgically removed – Assemblyman Gibbs abruptly terminated Mr. Lilly’s employment without offering any explanation whatsoever. Rather than for legitimate, nondiscriminatory reasons (notably, Mr. Lilly did not receive any negative performance feedback of any kind), Mr. Lilly asserts through the Complaint that he was terminated due to discriminatory animus on account of his disability and to prevent him from exercising the rights secured to him under the FMLA.

Citing his status as an elected official, Assemblyman Gibbs sought dismissal of Mr. Lilly’s claims on the basis that he has “absolute immunity” from civil liability.  By Decision and Ordered dated February 24, 2025, New York State Supreme Court Justice Paul A. Goetz rejected that premise and denied Assemblyman Gibbs’ motion to dismiss in its entirety. The case against the State and Assemblyman Gibbs will now proceed.

“We live in an era of would-be kings. This decision serves as a powerful reminder that no one is above the law. As such, it is a victory for the rule of law itself,” said David Krauss, who represents Mr. Lilly.

Read a copy of Justice Goetz’s decision, along with the Complaint, Assemblyman Gibbs’ motion to dismiss, and Mr. Lilly’s opposition, here.