United States Second Circuit

Because defendants' motivation for terminating plaintiff is in dispute, and adjudication of defendants' qualified immunity defense requires resolution of that issue, the court lacks jurisdiction over individual defendants' appeal of denial of summary judgment as to plaintiff's First Amendment claims; individual defendants were entitled to qualified immunity with respect to due process claims.

Appellate Information

• Decided 03/26/2002
• Published 03/27/2002

Judges

• KEARSE, Circuit Judge., Before KEARSE, MINER, and F.I. PARKER, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Scott A. Korenbaum, New York, NY, for Plaintiff-Appellee., Ira J. Lipton, New York, NY, (Hoguet, Newman & Regal, New York, NY, Mary Jennings Mahon, General Counsel, Metropolitan Transportation Authority, Barbara C. Neale, New York, NY, on the brief), for Defendants-Appellants.