United States Second Circuit

In a 42 U.S.C. section 1983 action claiming that defendants retaliated against plaintiff for exercising his First Amendment rights, defendants' appeal from the denial of qualified immunity is dismissed where the district court's clarification of issues completely unrelated to qualified immunity did not restart the time in which defendants could seek an interlocutory appeal, and thus defendants' appeal was untimely.

Appellate Information

• Decided 03/29/2010
• Published 03/29/2010

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• United States Second Circuit

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