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NEW YORK STATE LAW OFFICERS UNION v. ANDREUCCI

Docket No. 04-5551-CV.

433 F.3d 320 (2006)

NEW YORK STATE LAW OFFICERS UNION, District Council 82, Afscme, Afl-Cio, by its President Ron Hoyt, Plaintiff, Ron Hoyt, Plaintiff-Appellant, v. Christopher C. ANDREUCCI, individually and in his official capacity as Deputy County Executive of Albany County, James Campbell, individually and in his official capacity as Sheriff of Albany County, John Mahan, individually and in his official capacity as Undersheriff of Albany County, and County of Albany, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: January 6, 2006.

Attorney(s) appearing for the Case

Elmer Robert Keach, III, Law Offices of Elmer Robert Keach, III, PC, Amsterdam, NY, for Plaintiff-Appellant.

John W. Bailey, Law Offices of John W. Bailey & Associates, P.C., Albany, NY, for Defendant-Appellee Christopher C. Andreucci.

Robert P. Roche, Roche, Corrigan, McCoy & Bush, Albany, NY, for Defendants-Appellees James Campbell and John Mahan.

Michael J. Smith, Hiscock & Barclay, LLP (Catherine M. Hedgeman, on the brief), for Defendant-Appellee County of Albany.

Before: SOTOMAYOR and KATZMANN, Circuit Judges, and EATON, Judge.

KATZMANN, Circuit Judge.

In this case, we are called upon to assess whether various officials of Albany County violated the First Amendment rights of a corrections officer by retaliating against him on the basis of his speech.

The plaintiff-appellant, Ron Hoyt, has long been employed by Albany County as a corrections officer and has been involved in union activities for many years. After being elected to a leadership position in Council 82, a statewide labor...

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