United States Second Circuit

In an action alleging that defendants took a series of adverse employment actions against plaintiff in response to plaintiff's protected speech concerning corruption at the Metropolitan Transit Authority, summary judgment for defendants is affirmed where: 1) any reasonable jury would have to find that plaintiff would have been suspended and then terminated even absent any retaliatory intent on defendants' part engendered by his allegedly protected speech, such that defendants were entitled, under Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977), to a defense to all plaintiff's First Amendment claims; and 2) the district court correctly rejected the procedural due process claims.

Appellate Information

• Decided 01/04/2010
• Published 01/04/2011

Judges

• Debra A. Livingston

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Matthew D. Brinckerhoff, Louis Pechman