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BIZZARRO v. MIRANDA

Docket No. 03-9047.

394 F.3d 82 (2005)

Eugenio BIZZARRO and Gary Klivans, Plaintiff-Appellees, v. Joseph MIRANDA, individually, Defendant, Rocco A. Pozzi, individually, Anthony Czarnecki, individually, Kevin Cheverko, individually, and The County of Westchester, New York, Defendant-Appellants.

United States Court of Appeals, Second Circuit.

Decided: January 7, 2005.

Attorney(s) appearing for the Case

Joseph A. Saccomano, Jr., Jackson Lewis LLP, White Plains, NY, for Defendant-Appellants.

Drita Nicaj, Lovett & Gould (Kim Berg, on the brief), White Plains, NY, for Plaintiff-Appellees.

Before: LEVAL and KATZMANN, Circuit Judges, and MURTHA, District Judge.

LEVAL, Circuit Judge.

Plaintiffs Eugenio Bizzarro and Gary Klivans, employees of the Westchester County Department of Corrections (DOC), brought this suit against the County and several DOC officials alleging that the defendants violated their Fourteenth Amendment rights by instituting disciplinary charges against the plaintiffs and removing Bizzarro from a privileged work assignment after the plaintiffs refused to assist the DOC in an internal investigation. The...

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