United States Second Circuit

Summary judgment for defendants on plaintiff's employment discrimination and First Amendment retaliation claims was proper, where: 1) plaintiff-officer can point to no factual evidence in the record that would allow a jury to find that the defendants’ proffered nondiscriminatory reasons for disciplinary actions and refusing to promote were pretextual; and 2) on plaintiff's retaliation claim, although statements plaintiff made to the press implicated a matter of public concern, defendant-chief of police is protected from liability by qualified immunity.

Appellate Information

• Decided 01/28/2013
• Published 01/28/2013

Judges

• PER CURIAM

Court

• United States Second Circuit

Counsel