Tuccio v. Marconi, No. 07-5493 - U.S. Second Circuit
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Tuccio v. Marconi, No. 07-5493

In a 42 U.S.C. section 1983 action claiming that a town selectman violated plaintiff's right to petition the government under the First Amendment by refusing to meet with him in retaliation for his filing a lawsuit against the town, judgment as a matter of law for defendants is affirmed where, given that plaintiff had no business with the town and suffered no harm or injury, the town's reasonable precaution to communicate with an adverse litigant only in writing was not a violation of a constitutional right.

Read Tuccio v. Marconi, No. 07-5493

Appellate Information

Argued: January 14, 2009

Decided: December 18, 2009

Judges

Opinion by Judge Leval

Counsel

For Appellants:

John R. Williams, John R. Williams & Associates, LLC, New Haven, CT

For Appellees:

Thomas R. GerardeHowd & Ludorf, LLC, Hartford, CT