Court: U.S. Court of Appeals 2nd Circuit

August 2, 2011 by mjpospis

Second Circuit Vacates Dismissal of First Amendment Retaliation Claim Brought by Police Officer Fired For Failing to Submit False Report

In Jackler v. Byrne, 658 F.3d 225 (2011), the Second Circuit vacated the trial court’s FRCP 12(c) dismissal of plaintiff probationary police officer’s Section 1983/First Amendment retaliation claim. Plaintiff alleged that he was fired because he refused to follow instructions to retract a report that implicated a police officer in the use of excessive force…

Second Circuit Holds That Separation Agreement Complied With The Older Workers Benefit Protection Act (OWBPA), Justifying Dismissal of ADEA Complaint

In Ridinger v. Dow Jones & Co. Inc., 651 F.3d 309 (2d Cir. 2011), the Second Circuit affirmed an SDNY decision dismissing plaintiff’s complaint alleging age discrimination under the ADEA. Defendant argued that plaintiff’s claims were barred by a Separation Agreement under which plaintiff agreed to waive all claims (including those under the ADEA) against defendant. Plaintiff argued…