Anemone v. Metro. Trans. Auth., No. 08-2646 - U.S. Second Circuit
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Anemone v. Metro. Trans. Auth., No. 08-2646

Action Alleging Termination of Government Employee Based on Speech

In Anemone v. Metro. Trans. Auth., No. 08-2646, action alleging that defendants took a series of adverse employment actions against plaintiff in response to plaintiff's protected speech concerning corruption at the Metropolitan Transit Authority, the court affirmed summary judgment for defendants where 1) any reasonable jury would have to find that plaintiff would have been suspended and then terminated even absent any retaliatory intent on defendants' part engendered by his allegedly protected speech, such that defendants were entitled, under Mt. Healthy City School District Board of Education v. Doyle, 429 U.S. 274 (1977), to a defense to all plaintiff's First Amendment claims; and 2) the district court correctly rejected the procedural due process claims.

As the court wrote:  "Plaintiff-appellant Louis Anemone, the former Director of Security and Deputy Executive Director for the Metropolitan Transportation Authority ("MTA"), alleges that the MTA and the individual Defendants in this case (collectively, "Defendants"), took a series of adverse employment actions against him in response to his protected speech concerning corruption at the MTA, in violation of his free speech rights under the federal and New York State constitutions."

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