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KEATING v. CAREY

No. 119, Docket 82-7266.

706 F.2d 377 (1983)

Robert E. KEATING, Plaintiff-Appellant, v. Hon. Hugh CAREY, individually and as Governor of the State of New York; Hon. Frank J. Rogers, individually and as Commissioner of the New York State Executive Department, Division of Criminal Justice Services; New York State Civil Service Commission; Hon. Victor S. Bahou, individually and as Commissioner, President and Head of the New York State Civil Service Commission and New York State Civil Service Department; Hon. Josephine Gambino, individually and as Commissioner of the New York State Civil Service Commission; Hon. Michael Scelsi, individually and as a Former Commissioner of the New York State Civil Service Commission; Hon. Charles Stockmeister, individually and as a Former Commissioner of the New York State Civil Service Commission; Hon. Ersa H. Poston, individually and as a Former Commissioner of the New York State Civil Service Commission; Charles D. Palmer, individually and as Assistant Commissioner of DCJS; Walter C. Slater, individually and as Administrative Officer of DCJS; Richard C. Murray, individually and as Assistant Personnel Officer of DCJS; Donald C. Johnson, individually and as Deputy Commissioner of DCJS; Robert Brady, individually, and as Personnel Officer of DCJS; Norma Sue Wolfe, individually and as Associate Public Information Officer of DCJS; Judith Hope, individually and as Appointments Secretary to the Governor, Robert Slanger, individually and as Representative of Commissioner Frank J. Rogers; John Biggins, individually and as Representative of Commissioner Frank J. Rogers; Jack Purcell, individually and as Deputy Commissioner of DCJS, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided April 18, 1983.

Attorney(s) appearing for the Case

Robert E. Harris, Albany, N.Y., for plaintiff-appellant.

John Q. Driscoll, Asst. Atty. Gen., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., Albany, N.Y., William J. Kogan, Asst. Sol. Gen., Albany, N.Y., of counsel), for defendants-appellees.

Before LUMBARD, MESKILL and CARDAMONE, Circuit Judges.

LUMBARD, Circuit Judge:

Invoking federal law, Robert E. Keating seeks to vindicate his constitutional rights to free speech, free association, equal protection and due process. The defendants allegedly violated these rights when they fired Keating from the State Civil Service over seven years ago. In granting summary judgment to the defendants, the district court dismissed Keating's claim under 42 U.S.C. § 1983 (Supp. IV 1980), because he had failed to bring...

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