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VELEZ v. LEVY

No. 03-7875.

401 F.3d 75 (2005)

Amy VELEZ, Plaintiff-Appellant, v. Harold O. LEVY, Chancellor of the City School District of the City of New York, individually and in his official capacity, Jacob Goldman, individually and in his official capacity as a member of New York City Community School District # 1, Nancy Ortiz, individually and in her official capacity as a member of New York City Community School District Board # 1, Joyce Early, individually and in her official capacity as a member of New York City Community School District # 1, Thomas Hyland, individually and in his official capacity as Deputy Director of the Chancellor's Office of Special Investigations, Anthony DeLeo, individually and in his official capacity as Confidential Investigator in the Chancellor's Office of Special Investigations, Robert Colon, individually and in his official capacity as an Investigator in the Chancellor's Office of Special Investigations, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 11, 2005.

Attorney(s) appearing for the Case

James I. Meyerson, New York, NY, for Plaintiff-Appellant.

Stacy Laine Francolla, Assistant Corporation Counsel, for Michael A. Cardozo, Corporation Counsel of the City of New York (Francis F. Caputo, of counsel), New York, NY, for Defendants-Appellants.

Before: OAKES, WINTER, and CALABRESI, Circuit Judges.

CALABRESI, Circuit Judge.

We are faced today with the question of whether plaintiff, an elected New York City community school board member, may properly state a claim under the United States Constitution for injuries suffered in connection with her forced removal from office based on allegedly trumped-up charges of criminal behavior. Plaintiff-appellant Amy Velez, a member of Community School District Board # 1, has filed a suit pursuant to 42 U.S.C. § 1983...

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