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COBB v. POZZI

Docket No. 02-7218.

363 F.3d 89 (2004)

Dwayne COBB and Jeffrey Rouse, Plaintiffs-Appellees, v. Rocco POZZI, individually and in his capacity as Commissioner of Correction for the County of Westchester, N.Y., Joseph Miranda, individually as Assistant Warden and as Chief of Operations of the Westchester County Department of Corrections and the County of Westchester, New York, Defendants-Appellants, Andrew J. Spano, individually and in his capacity as County Executive of the County of Westchester, N.Y., Susan Tolchin, individually, Alan Scheinkman, individually and in his capacity as County Attorney for the County of Westchester, N.Y., Joan Waters, individually and in her capacity as Assistant County Attorney for the County of Westchester, N.Y. and John F. Gleason, individually, Defendants.

United States Court of Appeals, Second Circuit.

Decided December 11, 2003.

Amended April 2, 2004.

Attorney(s) appearing for the Case

Matthew T. Miklave, New York City (A. Jonathan Trafimow, Deborah S. Markowitz, Epstein Becker & Green, New York City, of counsel), for Appellants.

Jane Bilus Gould, White Plains, N.Y. (Lovett & Gould, White Plains, NY, of counsel), for Appellees.

Before: MESKILL, NEWMAN and POOLER, Circuit Judges.

MESKILL, Circuit Judge.

Plaintiffs-appellees Dwayne Cobb and Jeffrey Rouse (collectively "plaintiffs") brought this action pursuant to 42 U.S.C. § 1983 alleging that defendants-appellants Rocco A. Pozzi, Joseph Miranda, and the County of Westchester (collectively "defendants") disciplined them in retaliation for their association with their union in violation of their First Amendment rights and denied them equal protection...

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