X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47182 Judge Brieant DEFENDANTS MOVED to dismiss Uniformed Services Employment and Reemployment Rights Act (USERRA) and N.Y. Military Law �242(4) claims against them, as well as plaintiff’s 42 USC �1983 First Amendment claim against defendant school district. Plaintiff, a school principal who served as a major in the U.S. Army Reserves, argued defendants fired her on account of her military service and retaliated against her for resisting a defendant’s attempt to influence class placement. The court dismissed the USERRA and military law claims against individual defendants, noting that the board of education, an entity, fired plaintiff. The court, however, found that individual defendants acting under color of state law violated plaintiff’s federal rights as a military reservist, finding this actionable under �1983, as is retaliation for speaking out against favoritism in class assignment, which is First Amendment protected speech.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 3 articles* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

 
 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.