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LOMBARDI v. WHITMAN

Docket No. 06-1077-cv.

485 F.3d 73 (2007)

John LOMBARDI, Roberto Ramos Jr., Hasan A. Muhammad, Rafael A. Garcia and Thomas E. Carlstrom, individually and as representatives of a class of individuals similarly situated, Plaintiffs-Appellants, v. Christine T. WHITMAN, in her individual capacity, James L. Connaughton, in his individual capacity, Eileen McGinnis, in her individual capacity, William J. Muszynski, in his individual capacity, John L. Henshaw, in his individual capacity, Samuel Thernstrom, in his individual capacity, and John Does, 1-10, in their individual capacities, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: April 19, 2007.

Attorney(s) appearing for the Case

Stephen J. Riegel, Weitz & Luxemberg, P.C., New York, NY, for Plaintiffs-Appellants.

Mark B. Stern, Appellate Staff, Civil Division, United States Department of Justice (Peter D. Keisler, Assistant Attorney General of the United States, Alisa Klein, Scott A. Hershovitz, on the brief), Washington, DC, for Defendants-Appellees.

Before JACOBS, Chief Judge, SACK, and RAGGI, Circuit Judges.

JACOBS, Chief Judge.

The five plaintiffs performed search, rescue and clean-up work at the World Trade Center site (the "site") in the aftermath of the September 2001 terrorist attacks. They allege that the defendants, all of them federal officials, issued reassuring — and knowingly false — announcements about the air quality in lower Manhattan; that the plaintiffs therefore believed it was safe to work at the site without needed respiratory protection...

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