· 3/31/2011
Frisenda v. INCORPORATED VILLAGE OF MALVERNE
Citations
- 775 F. Supp. 2d 486
- 2011 U.S. Dist. LEXIS 37730
- 2011 WL 1227774
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “[w]here . . . a public employee brings a retaliation claim based on the First Amendment, a plaintiff must put forth evidence . . . demonstrate[ing] . . . a prima facie case” (emphasis added)
- denying summary judgment on a First Amendment retaliation claim where the court found that “[p]laintiff ha[d] put forth sufficient evidence of an adverse employment action”
- dismissing Equal Protection claim based on retaliation for First Amendment activity as duplicative and collecting cases
- analyzing whether a public employee speaks as a private citizen entitled to First Amendment protection
- collecting cases in the Second Circuit finding temporal proximity sufficient to support an inference of retaliation where there was a short gap between the protected activity and retaliatory action
- finding employee’s speech not protected because, inter alia, it was not concerning a matter of public concern and was not intended to be publicly disseminated in furtherance of civic discourse (quoting Garcetti, 547 U.S. at 422)
Source: CourtListener parenthetical corpus (CC0).
Judges: Joseph F. Bianco
Read full opinion on CourtListenerSourced 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.