United States Second Circuit

In a 42 U.S.C. section 1983 action in which plaintiff alleged among other things, that defendants violated their First Amendment and substantive due process rights by closing down plaintiff's day care facility in retaliation for a letter of complaint that plaintiff sent to a New York State senator, the district court's orders denying the individually named defendants' motion for summary judgment and motion for reconsideration are affirmed, where: 1) the individually named defendants have not established that they are entitled to qualified immunity as a matter of law and, therefore, 2) the district court did not err in denying their motion for summary judgment and motion for reconsideration.

Appellate Information

• Decided 03/19/2014
• Published 03/19/2014

Judges

• POOLER

Court

• United States Second Circuit

Counsel