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· 9/6/1996

Brian Sheppard v. Leon Beerman, as an Individual and in His Official Capacity as Justice of the Supreme Court of the State of New York

Citations

  • 94 F.3d 823
  • 12 I.E.R. Cas. (BNA) 49
  • 1996 U.S. App. LEXIS 23458

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that “the employer’s actual (subjective) motive is not irrelevant in a qualified immunity inquiry” on a First Amendment retaliation claim
  • stating that qualified immunity is unavailable where a plaintiff shows “particularized evidence of direct or circumstantial facts supporting his claim of unconstitutional motive”
  • stating that “the employer’s actual (subjective) motive is not irrelevant in a qualified immunity inquiry” on a First Amendment retaliation claim
  • reiterating that First Amendment permits adverse employment action only when the protected speech disrupts workplace
  • requiring plaintiff to present “particularized evidence of direct or circumstantial facts . . . supporting the claim of an improper motive in order to avoid summary judgment”
  • “[T]he employer’s actual (subjective) motive is not irrelevant in a qualified immunity inquiry” on a First Amendment retaliation claim.

Source: CourtListener parenthetical corpus (CC0).

Judges: Kearse, Mahoney, McLAUGHLIN, McLaughlin

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.