United States Second Circuit

Denial of individual defendants' motion for qualified immunity and denial of defendant municipality's motion for summary judgment, in action alleging a chief of police and commission conspired to retaliate against officers for speaking out against a claimed pattern of serious misconduct and cover-ups, in violation of plaintiffs' First Amendment and Equal Protection rights, is reversed as to denial of motion to dismiss equal protection claims against municipal defendants, but is otherwise affirmed.

Appellate Information

• Decided 09/26/2006
• Published 09/26/2006

Judges

• JOHN M. WALKER, JR., Chief Judge:, Before: WALKER, Chief Judge, LEVAL and SOTOMAYOR, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Michael G. Santangelo, Servino & Santangelo, LLP, Hawthorne, NY, for Defendant-Appellant Edward Flynn., Scott A. Korenbaum, Callahan & Fusco, LLC (Christopher G. Fusco, on the brief), New York, NY, for Defendants-Appellants the Village of Mamaroneck, Philip Trifiletti, William J. Paonessa, Tony Vozza, Christie Derrico, and John Angiletta., Jonathan Lovett, Lovett & Gould, LLP (Drita Nicaj, on the brief) White Plains, NY, for Plaintiffs-Appellees.