Docket No. 04-2106-CV.

394 F.3d 121 (2005)

Carol KONITS, Plaintiff-Appellant, v. VALLEY STREAM CENTRAL HIGH SCHOOL DISTRICT, Board of Education of the Valley Stream Central, Ronald D. Valenti, individually and as District Coordinator, Dean Karahalis, individually and as District Coordinator, Robert E. Kaufold, individually and as Principal of Memorial Junior High School, Grace Kerr, individually and as Chairperson, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided January 7, 2005.

Attorney(s) appearing for the Case

Dennis A. Bengels, Garden City, NY, (Sharon Cerelle Konits, Plainview, NY, co-counsel), for Plaintiff-Appellant.

Lewis R. Silverman, NY, N.Y. (Tania M. Torno, Rutherford & Christie, LLP, of counsel), for Defendants-Appellees.

Before OAKES, CALABRESI, and STRAUB, Circuit Judges.

OAKES, Senior Circuit Judge.

Carol Konits, a music teacher, sued the school district where she works, alleging principally retaliation in violation of the First Amendment for filing a prior suit against the same defendants in 1996. The 1996 action, which settled during trial, alleged retaliation against Konits for assisting another employee of the school district in her suit for gender discrimination. The Eastern District of New York, Thomas C. Platt, Judge,

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