United States Second Circuit

In a Section 1983 suit brought by a public school special education teacher against a school district, the school's principal and the superintendent of schools, summary judgment in favor of defendants is vacated and case remanded where: 1) teacher made a prima facie showing that retaliation in violation of the First Amendment free speech guarantee caused her to be denied tenure; 2) rebuttal by appellees was subject to credibility questions that could not be resolved as a matter of law; 3) principal and superintendent of schools were not entitled to qualified immunity; and 4) "cat's paw" theory of district's Section 1983 liability required District Court hearing.

Appellate Information

• Decided 12/12/2011
• Published 12/12/2011

Judges

• Calabresi

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jane Bilus Gould, Maurizio Savoiardo