United States Second Circuit

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Montero v. City of Yonkers, 17-76

Affirming in part, reversing in part, and remanding a decision by the district court, that statements by a police officer, who was also a union official, during union meetings were not made in his capacity as a private citizen and as such his remarks were not protected by the First Amendment and he therefore couldn't state a claim of retaliation because the court concluded that the statements were not made pursuant to his official duties as a police officer, so he spoke as a private citizen for the purpose of the First Amendment, but finding that the defendants are entitled to qualified immunity and no plausible claim for municipal liability was alleged against Yonkers.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2018/05/16

Judges

  • SACK

Court

  • United States Second Circuit

Counsel


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