WHOLEAN v. CSEA SEIU LOCAL 2001

No. 19-1563-cv August Term 2019.

955 F.3d 332 (2020)

Kiernan J. WHOLEAN and James A. Grillo, Plaintiffs-Appellants, Lakeisha Christopher, Plaintiff, v. CSEA SEIU LOCAL 2001; Benjamin Barnes, in his official capacity as Secretary of the Office of Policy and Management, State of Connecticut; Sandra Fae Brown-Brewton, in her official capacity as Undersecretary of Labor Relations, State of Connecticut; Robert Klee, in his official capacity as Commissioner of the Department of Energy and Environmental Protection, State of Connecticut, Defendants-Appellees, Kevin Lembo, in his official capacity as Comptroller, State of Connecticut, Defendant.

United States Court of Appeals, Second Circuit.

Decided: April 15, 2020.


Attorney(s) appearing for the Case

Jeffrey D. Jennings ( Milton L. Chappell , on the brief), National Right to Work Legal Defense and Education Foundation, Inc., Springfield, VA, for Plaintiffs-Appellants.

Scott A. Kronland ( P. Casey Pitts , Altshuler Berzon LLP, San Francisco, CA; Daniel E. Livingston , Livingston, Adler, Pulda, Meiklejohn & Kelly, P.C., Hartford, CT, on the brief), Altshuler Berzon LLP, San Francisco, CA, for Defendant-Appellee CSEA SEIU Local 2001.

Clare Kindall , Solicitor General ( Philip Miller , Assistant Attorney General, on the brief), for William Tong , Connecticut Attorney General, for State Defendants-Appellees.

Before: Cabranes and Lohier, Circuit Judges, and Reiss, District Judge.


Plaintiffs-Appellants Kiernan J. Wholean and James A. Grillo contend that the United States District Court for the District of Connecticut (Eginton, J.) improperly dismissed their First and Fourteenth Amendment claims brought pursuant to 42 U.S.C. § 1983 against Defendants-Appellees CSEA SEIU Local 2001 ("Local...

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