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CONNELLY v. COUNTY OF ROCKLAND

No. 21-2597 August Term 2022.

61 F.4th 322 (2023)

Laureen CONNELLY, Donna Delarm, Jill Donovan, Jean Freer, Stefanie Gaudelli, Eleanor Gold, Grace Henriquez, Marion Leavey, Margaret Mackey, Diane Reeves, Christina Sagaria, Erica Salerno, Antoinette White, Deborah Whittaker, Civil Service Association, Inc., Local 1000 AFSCME, AFL-CIO, Rockland County Local 844, County of Rockland Unit 8350, Ann Cole-Hatchard, and Carol Schuler, Plaintiffs-Appellees, Heather Bennett, William Bennett, and Andrew Schwartz, Plaintiffs, v. COUNTY OF ROCKLAND and Kathleen Tower-Bernstein, in her individual capacity, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: March 7, 2023.

Attorney(s) appearing for the Case

Nathaniel K. Charny , ( Russell G. Wheeler , on the brief), Charny & Wheeler, P.C., for Plaintiffs-Appellees Laureen Connelly et al.

Matthew G. Parisi , Bleakley Platt & Schmidt, LLP ( Vincent W. Crowe , Bleakley Platt & Schmidt, LLP, Thomas E. Humbach , County Attorney, for County of Rockland, on the brief), for Defendants-Appellants County of Rockland and Kathleen Tower-Bernstein.

Before: Jacobs, Nathan, Circuit Judges, and Gonzalez, District Judge.

This appeal concerns the standard for finding an adverse action in a First Amendment retaliation case brought by government employees. Following a jury trial, the district court granted a renewed motion for judgment as a matter of law for the Plaintiffs-Appellees, overturning the...

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