In an action claiming that a school district violated plaintiff-teacher’s First Amendment rights by retaliating against him based on his filing of a formal grievance with his union, dismissal of the complaint is affirmed where plaintiff filed his grievance pursuant to his official duties because the grievance was in furtherance of one of his core duties as a public school teacher, maintaining class discipline, and had no relevant analogue to citizen speech. Accordingly, the First Amendment did not protect his filing of a grievance.
Read Weintraub v. Bd. of Educ., No. 07-2376
Appellate Information
Argued: November 25, 2008
Decided: January 27, 2010
Judges
Opinion by Judge Walker
Counsel
For Appellant:
Richard A. Engelberg, Kreines & Engelberg, Mineola, NY
For Appellees:
Edward F.X. Hart and Leonard Koerner, New York, NY
You Don’t Have To Solve This on Your Own – Get a Lawyer’s Help
Civil Rights
Block on Trump’s Asylum Ban Upheld by Supreme Court
Criminal
Judges Can Release Secret Grand Jury Records
Politicians Can’t Block Voters on Facebook, Court Rules
