ADLER v. PATAKI

Docket No. 98-9022.

185 F.3d 35 (1999)

Alan M. ADLER, Plaintiff-Appellant, v. George PATAKI, in his official and individual capacity, Thomas F. Doherty, in his official and individual capacity, James Natoli, in his official and individual capacity, Michael Finnegan, in his official and individual capacity, Dennis C. Vacco, in his official and individual capacity, William Flynn, in his official and individual capacity, Donald P. Berens, in his official and individual capacity, Thomas A. Maul, in his official and individual capacity, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided July 20, 1999.


Attorney(s) appearing for the Case

Sue H.R. Adler, Albany, N.Y., for plaintiff-appellant.

Fredric S. Newman, New York, N.Y. (Melissa L. Weiss, Hoguet Newman & Regal, New York, N.Y., on the brief), for defendants-appellees Pataki, Doherty, Natoli, Finnegan and Maul.

Charles D. Cunningham, New York, N.Y. (Franklyn H. Snitow, Snitow & Cunningham, New York, N.Y., on the brief), for defendants-appellees Vacco, Flynn and Berens.

Before: NEWMAN, WALKER, and SOTOMAYOR, Circuit Judges.


JON O. NEWMAN, Circuit Judge.

This appeal concerns the authority of a state to discharge an employee in unusual circumstances. The employee, alleged to have held a policy-making position, making him vulnerable to discharge because of political affiliation, contends that he was unlawfully fired, not because of his political affiliation, but in retaliation for a lawsuit filed against state officials by his wife. Alan Adler, a former Deputy Counsel in the New York State...

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