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HAWKINS v. STEINGUT

No. 1297, Docket 87-7255.

829 F.2d 317 (1987)

Horatio K. HAWKINS, Plaintiff-Appellee, v. Robert STEINGUT, Chairman of the New York State Workers' Compensation Board; Francis J. Griffin; William Kroeger; Ernest R. Latham; Henry M. Christman; Daniel Higgins; Seymour Posner; Ilene J. Slater; Ferdinand Tremiti; Walter Shields; William C. Mullany; Monica Gollub; and Joseph A. Tauriello, Individually and All, including the Chairman, Constituting the New York State Workers' Compensation Board; George Bevan; Donald S. Vass; The New York State Department of Labor and The State of New York, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided September 18, 1987.

Attorney(s) appearing for the Case

Gail A. Wechsler, New York City (Levy, Gutman, Goldberg, and Kaplan, of counsel), for plaintiff-appellee.

Lawrence S. Kahn, New York City, Deputy Sol. Gen. (Robert Abrams, Atty. Gen. of the State of N.Y., of counsel), for defendants-appellants.

Before KEARSE, ALTIMARI and MAHONEY, Circuit Judges.

ALTIMARI, Circuit Judge:

This appeal presents the question whether the individual defendants are entitled to qualified immunity in a § 1983 action alleging that the New York State Workers' Compensation Board failed to reappoint Horatio Hawkins as a referee because he was a Republican. The United States District Court for the Northern District of New York, Cholakis, J., denied defendants' motion for summary judgment, holding that Hawkins had a clearly established...

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