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ADAMS v. SUOZZI

Docket No. 06-5725-cv.

517 F.3d 124 (2008)

Michael F. ADAMS, individually and in his Capacity as President of the Sheriff Officers Association, Inc., John Doe and Jane Doe, being persons in the Bargaining Unit represented by the Sheriff Officers Association, Inc., and whose names are too numerous to mention, Plaintiffs-Appellees, v. Thomas SUOZZI, in his capacity as County Executive of the County of Nassau, Howard Weitzman, in his capacity as Comptroller of the County of Nassau, and the County of Nassau, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: February 22, 2008.

Attorney(s) appearing for the Case

Edward A. Brill, Special Counsel for Nassau County Attorney, Proskauer Rose LLP, New York, NY, (Lorna B. Goodman, Nassau County Attorney, Mineola, NY, on the brief); for Defendants-Appellants.

Malcolm A. Goldstein, Koehler & Isaacs, LLP, New York, NY, for Plaintiffs-Appellees.

Before: STRAUB and HALL, Circuit Judges, and HAIGHT, District Judge.

STRAUB, Circuit Judge:

This appeal requires us to consider whether the County of Nassau ("the County") violated the procedural protections of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution when it unilaterally instituted a "lag payroll" procedure on the paychecks of plaintiffs, who are members of the Sheriff Officers Association ("ShOA"), with the effect of deferring a percentage of each ShOA...

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