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GREENWICH CITIZENS COMM. v. COUNTIES OF WARREN

Nos. 70, 71 and 154, Docket 94-9258, 94-9288, and 94-9290.

77 F.3d 26 (1996)

GREENWICH CITIZENS COMMITTEE, INC., Concerned Citizens of Hudson Falls/Kingsbury, Melody Mackenzie-Brown, Bruce Barthel, Stephanie Wenk, Sandra Hewitt, Lionel Sharp, and Robert Daly, individually and on behalf of all others similarly situated, Plaintiffs-Appellees-Cross-Appellants, v. COUNTIES OF WARREN AND WASHINGTON INDUSTRIAL DEVELOPMENT AGENCY, and Board of Supervisors of the County of Warren, Defendants-Appellants-Cross-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 16, 1996.

Attorney(s) appearing for the Case

James B. Tuttle, Dreyer, Boyajian & Tuttle, Albany, N.Y., for defendant-appellant-cross-appellee Board of Supervisors of the County of Warren.

James A. Resila, Carter, Conboy, Case, Blackmore, Napierski & Maloney, Albany, N.Y., for defendant-appellant-cross-appellee Counties of Warren and Washington Industrial Development Agency.

Robert B. Remar, Kirwan, Goger, Chesin & Parks, Atlanta, Ga.; (Salvatore D. Ferlazzo, Ruberti, Girvin & Ferlazzo, Albany, N.Y., on the brief), for plaintiffs-appellees-cross-appellants.

Before: NEWMAN, Chief Judge, LUMBARD and CABRANES, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal primarily concerns the state-of-mind requirement for governmental liability under 42 U.S.C. § 1983 for alleged violations of the First Amendment arising out of retaliatory state action. The principal issue is whether a governmental defendant in an underlying state court lawsuit must be shown to have acted with retaliatory intent in filing counterclaims before it may be held liable for

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