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United States Second Circuit


Tuccio v. Marconi, 07-5493

In a 42 U.S.C. section 1983 action claiming that a town selectman violated plaintiff's right to petition the government under the First Amendment by refusing to meet with him in retaliation for his filing a lawsuit against the town, judgment as a matter of law for defendants is affirmed where, given that plaintiff had no business with the town and suffered no harm or injury, the town's reasonable precaution to communicate with an adverse litigant only in writing was not a violation of a constitutional right.

Appellate Information

  • Decided 12/18/2009
  • Published 12/18/2009

Judges

  • LEVAL, Circuit Judge:, Before LEVAL, CABRANES, and LIVINGSTON, Circuit Judges.

Court

  • United States Second Circuit

Counsel

  • For Appellant:
  • John R. Williams, John R. Williams & Associates, LLC, New Haven, CT, for Appellants.

  • For Appellees:
  • Thomas R. Gerarde, Howd & Ludorf, LLC, Hartford, CT, for Appellees.
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