United States Second Circuit

In an action claiming that a school district violated plaintiff-teacher's First Amendment rights by retaliating against him based on his filing of a formal grievance with his union, dismissal of the complaint is affirmed where plaintiff filed his grievance pursuant to his official duties because the grievance was in furtherance of one of his core duties as a public school teacher, maintaining class discipline, and had no relevant analogue to citizen speech. Accordingly, the First Amendment did not protect his filing of a grievance.

Appellate Information

• Decided 01/27/2010
• Published 01/27/2010

Judges

• JOHN M. WALKER, JR., Circuit Judge:, Before JACOBS, Chief Judge, WALKER, and CALABRESI, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Richard A. Engelberg, Kreines & Engelberg, Mineola, NY, for Petitioner-Appellant.


• For Appellees:
  
• Edward F.X. Hart (Leonard Koerner, on the brief), of Counsel, for Michael A. Cardozo, Corporation Counsel of the City of New York, New York, NY, for Respondents-Appellees.