2nd Circ. Mulls Clerk's Retaliation Suit Against Judge

Law360, New York (October 18, 2010, 6:07 PM EDT) -- A federal appeals court is weighing whether a former family court clerk can bring a suit accusing a New York state judge of retaliating against her for refusing to allegedly “spy” on a judge from an opposing political party.

A lawyer for former Onondaga County Family Court Chief Clerk Bobette J. Morin argued on Monday before the U.S. Court of Appeals for the Second Circuit that so-called qualified immunity should not bar the suit because Morin’s First Amendment rights were violated.

Meanwhile, a lawyer from the...
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