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· 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 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.