Three individuals have filed a lawsuit against the City of New York and its departments, challenging the city's COVID-19 vaccine mandates for employees.
The plaintiffs, Michael W. Kastner, Judith U. Kastner, and Jonathan C. Cheek, allege that the vaccine mandate violated federal laws governing emergency use authorizations (EUAs) for vaccines. According to the complaint, Michael Kastner was a teacher at Newcomers High School in Queens when, on October 1, 2021, he was instructed to provide proof of COVID-19 vaccination or face leave without pay. After refusing vaccination based on EUA provisions—which allow individuals to decline administration—he was placed on unpaid leave and later resigned.
Judith Kastner pursued additional action by submitting Freedom of Information Law (FOIL) requests for documentation related to official oaths and surety bonds of city officials involved in implementing the mandates. Some requested documents were reported as unavailable or “unintelligible.”
The plaintiffs claim that the mandates compelled compliance through economic pressure rather than voluntary participation as required by EUA guidelines. They argue this constituted a breach of contractual obligations and a failure to meet statutory responsibilities regarding informed consent.
The lawsuit seeks $12 million in damages for breach of contract and $3 million for negligence. The plaintiffs allege the defendants failed to provide adequate information about vaccine risks and alternatives, leading to financial losses and personal hardship.
The plaintiffs are representing themselves pro se. The case was filed in the United States District Court for the Eastern District of New York under Case ID 1:25-cv-04495-OEM-RML.