United States Second Circuit

Reset A A Font size: Print

Looney v. Black, 11-3486

In 1983 action against defendant town and officials alleging deprivation of procedural due process and free speech rights when plaintiff' position was reduced from full to part time and not reappointed as the town's Building Official after he made statements regarding the use of wood-burning stoves, judgment for plaintiff is reversed and remanded, where: 1) defendant Black was entitled to qualified immunity as to plaintiff's procedural due process claim, because plaintiff did not adequately allege that he had a constitutionally protected property right in full-time employment; and 2) defendant officials were entitled to qualified immunity as to plaintiff's claim under the First Amendment, because plaintiff did not adequately allege that he spoke in his capacity as a private citizen.

Appellate Information

  • Decided 12/21/2012
  • Published 12/21/2012

Judges

  • STRAUB

Court

  • United States Second Circuit

Counsel