First Amendment Retaliation

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In Reynolds v. The City of New York, 22-CV-1910 (VEC), 2022 WL 17792394 (S.D.N.Y. Dec. 19, 2022), the court, inter alia, granted defendant’s motion to dismiss plaintiff’s First Amendment retaliation claim. From the decision: The sole cause of action in Plaintiff’s Amended Complaint alleges that the City violated 42 U.S.C. § 1983 by retaliating against…

Read More First Amendment Retaliation Claim Dismissed; Complaints About Alleged Improper Workplace Conduct Did Not Amount to Speaking as a Citizen on a Matter of Public Concern
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In Oliver v. Penny, 2022 WL 2165814 (2d Cir. June 16, 2022), the Second Circuit, inter alia, affirmed the dismissal of plaintiff’s First Amendment retaliation claim. From the decision: Oliver argues that she engaged in protected speech by reporting sex discrimination and harassment and was retaliated against for doing so. But personal grievances, such as…

Read More First Amendment Retaliation Claim Properly Dismissed; Complaints of Sex Discrimination Etc. Were Not “Matters of Public Concern”
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In Matter of Whitfield v. City of New York, 199 A.D.3d 548, 2021 WL 5364756, 2021 NY Slip Op 06466 (App. Div. 1st Dept. Nov. 18, 2021), the court upheld the determination to decline to hire petitioner as a youth development specialist. The respondent proffered two reasons for not hiring the petitioner. The first was…

Read More Job Rejection Upheld; First Amendment Retaliation and Conviction Discrimination Claims Dismissed
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In Vail v. The Town of Cayuta et al, 2021 WL 1788523 (WDNY May 5, 2021), the court held that plaintiff (a public employee and candidate for public office) plausibly alleged a First Amendment retaliation claim. This decision is instructive as to when speech is “on a matter of public concern”, which it must be…

Read More First Amendment Retaliation Claim Survives Motion to Dismiss; Sign-Removal Accusation Was a “Matter of Public Concern”
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It has been reported that those identified as being present at, and/or having expressed support for, the U.S. Capitol riot(s) of January 6, 2021 have lost their jobs or are otherwise facing discipline. To what extent does such action violate their rights as employees?[1]The below discussion is confined to New York law and federal law…

Read More Recently-Unemployed Rioters and Wrongful Termination Claims
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In Kassapian v. City of New York, 2017 NY Slip Op 07985, 2017 WL 5474008 (N.Y.A.D. 2 Dept. Nov. 15, 2017), the Second Department held that plaintiff sufficiently alleged claims of sexual harassment, age discrimination, and retaliation under the NYC Human Rights Law. As to plaintiff’s sexual harassment claim, the court explained: The allegation that…

Read More Sexual Harassment, Age Discrimination, and Retaliation Claims Survive Dismissal; Evidence Included Sex Toy at Work
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A recent Manhattan federal lawsuit, An v. City of New York, SDNY 16-cv-05381, challeng[es] the constitutionality of the New York City Police Department’s [] widespread practice and custom of interfering with and deterring the exercise of the First Amendment right of individuals to film, photograph, videotape, or otherwise record[] NYPD officers performing their official duties in public…

Read More First Amendment Lawsuit Challenges NYPD Retaliation for Recording Officers
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In Heffernan v. City of Paterson, No. 14-1280 (decided April 26, 2016), the U.S. Supreme Court reversed a circuit court decision that affirmed the dismissal of a police officer’s First Amendment retaliation case arising from his punishment for engaging in what was (incorrectly) perceived as protected political activity. Justice Breyer authored the opinion; Justices Thomas…

Read More SCOTUS Holds That First Amendment Retaliation Case May Continue, Despite Employer’s Incorrect Belief that Employee Engaged in Protected Political Activity
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