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VEGA v. MILLER

Docket No. 00-9214.

273 F.3d 460 (2001)

Edward VEGA, Plaintiff-Appellee, v. Floyd H. MILLER, James C. DeSimone, Howard L. English, Carolyn D. Jones, and G. Peter Cooney, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: November 29, 2001.

Attorney(s) appearing for the Case

Robert H. Easton, Asst. Solicitor Gen., New York, N.Y. (Eliot Spitzer, N.Y. State Att'y Gen., Michael S. Belohlavek, Dep. Solicitor Gen., Marion R. Buchbinder, Asst. Solicitor Gen., New York, N.Y., on the brief), for defendants-appellants.

Laura A. Menninger, Paul, Weiss, Rifkind, Wharton & Garrison, New York, N.Y., on the brief, for plaintiff-appellee.

Judge JOSÉ A. CABRANES dissents in a separate opinion.

JON O. NEWMAN, Circuit Judge.

This appeal concerns the availability of a qualified immunity defense for five administrators at the New York Maritime College ("College") who discharged a non-tenured teacher for leading a classroom "word association" exercise. The administrators concluded that the teacher had acted unprofessionally when he failed to terminate the exercise in which students, some standing on chairs, shouted out vulgar, sexually explicit terms, many of...

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