United States Second Circuit

In a tort action alleging a First Amendment retaliation claim, the district court's dismissal with prejudice, on the ground that state law per se defamation does not constitute concrete harm as required to maintain a cause of action for constitutional tort against a public official, is affirmed where plaintiff does not not allege actual chilling.

Appellate Information

• Decided 03/02/2011
• Published 03/02/2011

Judges

• WESLEY

Court

• United States Second Circuit

Counsel