COTARELO v. SLEEPY HOLLOW POLICE DEPT.

Docket No. 04-4627-CV.

460 F.3d 247 (2006)

Jose COTARELO, Plaintiff-Appellant, v. VILLAGE OF SLEEPY HOLLOW POLICE DEPARTMENT, Jimmy Warren, Jr., Phillip Zegarelli, Mario Defelice, Village Trustee, Robert Higle, Richard Ziejack, Patricia Rodriguez, Daniel Stever, James Hart, Dwight Douglas, Village Administrator, all sued in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 9, 2006.


Attorney(s) appearing for the Case

Christopher D. Watkins (Stephen Bergstein on the brief), Thornton, Bergstein & Ullrich LLP, Chester, NY, for Plaintiff-Appellant.

James P. Clark (Terence M. O'Neil, Howard M. Miller on the brief), Bond, Schoeneck & King, PLLC, Garden City, NY, for Defendants-Appellees.

Before WINTER, JACOBS, Circuit Judges, and GLEESON, District Judge.


WINTER, Circuit Judge.

Jose Cotarelo appeals Judge Yanthis' grant of summary judgment and the resultant dismissal of his First Amendment claim based on an alleged employment retaliation for his protected activity and political affiliation. We affirm. Appellees demonstrated as a matter of law that the same adverse employment action would have been taken even in the absence of appellant's protected speech and political affiliation.

BACKGROUND

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