United States Second Circuit

Denial of motion for dismissal, in action for discriminatory and retaliatory discharge by a former substitute teacher, is affirmed as defendant board of education is not an arm of the State entitled to claim Eleventh Amendment immunity.

Appellate Information

• Decided 10/10/2006
• Published 10/10/2006

Judges

• RAGGI, Circuit Judge:, Before: FEINBERG, KEARSE, and RAGGI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Mark C. Rushfield, Shaw and Perelson, LLP, Highland, NY, for Defendants-Appellants., Stephen Bergstein, Thornton, Bergstein & Ullrich, LLP, Chester, NY, for Plaintiff-Appellee.