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SAGENDORF-TEAL v. COUNTY OF RENSSELAER

Nos. 185, 602, Dockets 96-7002(L), 96-7014(XAP).

100 F.3d 270 (1996)

Linda SAGENDORF-TEAL, Plaintiff-Appellee-Cross-Appellant, v. COUNTY OF RENSSELAER; W. Warren McGreevey, individually and as Rensselaer County Sheriff; and Charles Walker, Captain, Defendants-Cross-Appellees, Edward Phillips, Undersheriff, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 12, 1996.

Attorney(s) appearing for the Case

Blair W. Todt, Carter, Conboy, Case, Blackmore, Napierski & Maloney, Albany, NY, for defendant-appellant-cross-appellee.

Mark T. Walsh, Gleason, Dunn, Walsh & O'Shea, Albany, NY, for plaintiff-appellee-cross-appellant.

Thomas R. Cioffi, Deputy County Atty., Troy, NY, submitted a brief, for defendant-cross-appellee County of Rensselaer.

Before: NEWMAN, Chief Judge, CARDAMONE and CALABRESI, Circuit Judges.

JON O. NEWMAN, Chief Judge:

The principal issue on this appeal is whether an employer, attempting to establish a dual motivation defense to a charge of termination of employment because of protected speech, must prove that the adverse action taken for an improper reason would have been taken for a proper reason on the same day that the employer acted. Edward Phillips appeals from the November 22, 1995, order of the United...

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