United States Second Circuit

In an action alleging that plaintiff was subjected to adverse employment actions in violation of the First Amendment because of her refusal to assist the defendants in gathering adverse information about a Family Court judge to aid their efforts to prevent the judge's election to a higher judicial office, a denial of summary judgment based on qualified immunity is affirmed where neither the defense of qualified immunity nor defendant's alleged status as a policymaker had been established as a matter of law at this stage of the litigation.

Appellate Information

• Decided 11/15/2010
• Published 11/15/2010

Judges

• Jon O. Newman

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Victor Paladino, William D. Frumkin