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Gotfryd v. City of Newburgh

City Planner's Speech Was Pursuant to Official Duties, Not Protected by First Amendment

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OPINION & ORDER Plaintiff Elka Gotfryd commenced this action via complaint filed against Defendants City of Newburgh (the “City”), Alexandra Church, and Joseph Donat pursuant to 42 U.S.C. §1983. (“Compl.” ECF No. 6.) Plaintiff alleges Defendants violated her rights under the First and Fourteenth Amendments of the Constitution after they terminated her in retaliation of her advocacy for anti-racist policies. Presently before the Court is Defendants’ motion for summary judgment pursuant to Federal Rule of Civil Procedure 56 seeking to dismiss Plaintiff’s claims in their entirety. For the following reasons, the Court grants Defendants’ motion. BACKGROUND The following facts are derived from the record, the parties’ Rule 56.1 statements, and the parties’ declarations and affidavits.1 They are not in dispute unless otherwise noted. A. Plaintiff’s Role as City Planner for the City Plaintiff served in the Civil Service position of City Planner for the City of Newburgh (the “City”) from February 2020 through March 9, 2021. (Def. 56.1

1,8.) During her tenure, Defendant Joseph Donat served as City Manager and Defendant Alexandra Church served as the City’s Director of Planning and Development. (Id.

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