United States Second Circuit

In a claim under 42 U.S.C. section 1983 for violation of the Uniform Services Employment and Reemployment Rights Act, the district court did not err in affording Eleventh Amendment immunity to defendant-School Board by classifying it as a state actor.

Appellate Information

• Decided 09/12/2005
• Published 09/14/2005

Judges

• MINER, Circuit Judge., Before:  MINER and SACK, Circuit Judges, and SPATT, Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Stephen Bergstein, Thornton, Bergstein & Ullrich, LLP, Chester, NY, for Plaintiff-Appellee-Cross-Appellant., Mark C. Rushfield, Shaw & Perelson, L.L.P., Poughkeepsie, NY, for Defendant-Cross-Appellee and Defendants-Appellants.