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HICKS v. BAINES

Docket No. 06-3782-cv.

593 F.3d 159 (2010)

Dwight D. HICKS, Antonio Melendez, and James E. Smith, Plaintiffs-Appellants, v. Tommy E. BAINES, individually and in his official capacity, Defendant-Appellee, John A. Johnson, in his official capacity as Commissioner of the New York State Division for Youth and New York State Office of Children and Family Services, Defendant.

United States Court of Appeals, Second Circuit.

Decided: February 2, 2010.

Attorney(s) appearing for the Case

David J. Seeger, Law Office of David J. Seeger, Buffalo, NY, for Appellants.

William R. Hites, Law Office of William Hites, Buffalo, NY, for Appellee.

Before: JACOBS, Chief Judge, and CABRANES, Circuit Judge.

DENNIS JACOBS, Chief Judge:

Prior to this lawsuit, defendant Tommy Baines, a supervisor in a residential youth facility of the State of New York, was disciplined by his employer for having engaged in a campaign of racial discrimination against Mark Pasternak, an employee he supervised. Plaintiffs Dwight Hicks, Antonio Melendez, and James Smith — coworkers of Pasternak who were also supervised by Baines — cooperated in the investigations and proceedings...

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