ZHERKA v. AMICONE

Docket No. 10-37-cv.

634 F.3d 642 (2011)

Selim ZHERKA, Plaintiff-Appellant, v. Philip AMICONE, in his Capacity as Mayor of the City of Yonkers, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: March 2, 2011.


Attorney(s) appearing for the Case

Rory J. Bellantoni , Lovett & Bellantoni, LLP, Hawthorne, NY, for Plaintiff-Appellant.

Brian T. Belowich , DelBello Donnellan Weingarten Wise & Wiederkehr, LLP, White Plains, NY, for Defendant-Appellee.

Before: POOLER, WESLEY, and CHIN, Circuit Judges.


WESLEY, Circuit Judge:

Under the law of this Circuit, the viability of a prima facie First Amendment retaliation claim depends on context. Private citizens alleging retaliation for their criticism of public officials must show that they engaged in protected speech, persons acting under color of state law took adverse action against them in retaliation for that speech, and the retaliation resulted in "actual chilling" of their exercise of their constitutional right...

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