Clerk Can't Claim Free Speech In Retaliation Suit: 2nd Circ.

Law360, New York (September 10, 2012, 7:02 PM EDT) -- The Second Circuit held Monday that a public school payroll clerk was acting in her official capacity when she reported financial malfeasance to her superiors thus her speech is not protected by the First Amendment, reversing a lower court’s decision.

In a published opinion, the three-judge appeals court panel ruled that the defendant-appellant in the case, Robert Lichtenfeld, the former superintendent of the Katonah-Lewisboro Union Free School District in New York, is entitled to summary judgment with respect to the payroll clerk’s claim that she was...
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