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HALE v. MANN

Docket No. 99-7326.

219 F.3d 61 (2000)

Monroe HALE, Plaintiff-Appellant, v. Louis MANN, Deputy Commissioner, sued in his individual capacity and The State of New York Office of Children and Family Services, Defendants-Appellees,

United States Court of Appeals, Second Circuit.

Decided May 25, 2000.

Attorney(s) appearing for the Case

Michael H. Sussman, (Stephen Bergstein, on the brief) Law Offices of Michael H. Sussman Goshen, N.Y. for Plaintiff-Appellant.

Marion R. Buchbinder, Assistant Attorney General of the State of New York (Eliot Spitzer, Attorney General, Edward Johnson, Deputy Solicitor General, & Michael S. Belohlavek, Assistant Attorney General, on the brief) New York, N.Y. for Defendants-Appellees.

Before: KEARSE, MINER, AND CABRANES, Circuit Judges.

Judge JOSÉ A. CABRANES files a separate opinion concurring in the opinion in connection with the dismissal of the Family and Medical Leave Act claim, but dissenting from the reinstatement of the First Amendment claim.

MINER, Circuit Judge:

Plaintiff-Appellant Monroe Hale ("Hale") appeals from a summary judgment in favor of the defendants-appellees, The State of New York Office of Children and Family Services ("OCFS") and Louis Mann ("Mann"), a Deputy...

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