ALGARIN v. TOWN OF WALLKILL

Docket No. 04-2607-CV.

421 F.3d 137 (2005)

Darrell ALGARIN, Dennis Rolon, Joseph Pirrone, James A. Mattatall, John Beletempo, Antonio Spano, Dan Negersmith, John Dimilia, Steve Walsh, Keith Borkenhagen, Kenneth Hassan King, Robert Scheuering, Kelly Scheuering, Brian Quinn, Chris Korba, Robert Kamarada, Brenda Caruso, Darrell Honkala, Frank Denardo, Paul Besser, Harry Dennis Lohr, Jr., Michael Orapello and Charles Bodensieck, Plaintiffs-Appellants, v. TOWN OF WALLKILL, Oscar Dino, Jay Anthony, Frank Schumaci, George Green, sued in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: August 30, 2005.


Attorney(s) appearing for the Case

Stephen Bergstein, Thornton, Bergstein, & Ullrich, LLP, Chester, NY, for Plaintiffs-Appellants.

David E. Cassidy, Florio & Perrucci, LLC, Phillipsburg, NJ, for Defendant-Appellee, Town of Wallkill.

James M. Fedorchak, Gellert & Cutler, Poughkeepsie, NY, for Defendant-Appellees Dino, Anthony, Schumaci, and Green.

Before: MESKILL, NEWMAN, and CABRANES, Circuit Judges.


JON O. NEWMAN, Circuit Judge.

This appeal presents the issue of whether, in a suit under 42 U.S.C. § 1983, allegedly defamatory statements sufficiently identified the alleged victims to satisfy the requirements of a so-called "stigma plus" claim, i.e., a claim of a stigmatizing statement plus a deprivation of a tangible interest such as government employment, see Patterson v. City of Utica,

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