GIACALONE v. ABRAMS

No. 686, Docket 87-7866.

850 F.2d 79 (1988)

Arthur J. GIACALONE, Plaintiff-Appellee, v. Robert ABRAMS, Attorney General of the State of New York, Hugh B. Scott, Former Assistant Attorney General in Charge of Buffalo Office of State of New York's Department of Law, Dennis H. Allee, Peter L. Yellin and Richard Rifkin, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided June 21, 1988.

As Amended on Denial of Rehearing June 30, 1988.


Attorney(s) appearing for the Case

Michael S. Buskus, Asst. Atty. Gen., State of N.Y., Albany, N.Y. (Robert Abrams, Atty. Gen. of the State of N.Y., O. Peter Sherwood, Sol. Gen., Peter H. Schiff, Deputy Sol. Gen., Albany, N.Y., of counsel), for defendants-appellants.

John N. Lipsitz, Buffalo, N.Y., for plaintiff-appellee.

Before MESKILL and ALTIMARI, Circuit Judges, and MISHLER, District Judge.


MESKILL, Circuit Judge:

Plaintiff-appellee Arthur J. Giacalone brought this action under 42 U.S.C. § 1983 (1982) seeking damages and reinstatement to his former position as an Assistant Attorney General in the New York State Department of Law (the Department). He alleged that the named defendants, who include his former immediate superior Hugh B. Scott and other Department officials, decided to terminate him in December 1982 because he had engaged in speech protected...

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