Roger Fairley and Richard Gackowski v. Evan Fermaint, Noberto Bercasio, and Fred Coffey

How courts have described this case

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

• “Misbehaving employees are responsible for their own conduct[;] units of local government are responsible only for their policies rather than misconduct by their workers.”
• rejecting argu- ment that jail guard’s testimony during inmate’s lawsuit constituted speech made pursuant to guard’s official duties and stating that “[a]ssistance to prisoners and their lawyers in litigation is not part of a guard’s official duties.”
• Garcetti did not apply to testimony given by county jail guards in prisoner lawsuits because assisting prisoners in their litigation did not fall within the guards’ official duties
• “[O]nce a conclusive resolution has been reached . . . a renewed motion for the same relief, or a belated request for reconsideration, does not reopen the time for appeal.”
• “State agencies are not ‘persons’ under § 1983 . . . .”

Source: CourtListener parenthetical corpus (CC0).