Lynch v. Ackley, No. 14-3751 (2d Cir. 2016)
Annotate this CasePlaintiff, a police officer and a member and officer of the police union, filed suit under 42 U.S.C. 1983, alleging that defendant, a police chief, violated his First Amendment rights by retaliating against him for various episodes of speech critical of defendant's performance as chief. The court concluded that the district court did not correctly apply the law for determining whether a state actor is entitled by reason of qualified immunity to dismissal of a suit charging her under section 1983 with unconstitutional conduct. In this case, defendant was entitled to have the court construe disputed facts in the light most favorable to plaintiff and dismiss the claim if, at the time of defendant’s conduct, the law was unclear whether the facts, so construed, constituted a violation of plaintiff’s constitutional rights. Therefore, the court concluded that defendant established her entitlement to summary judgment on plaintiff's 1983 claims by reason of her qualified immunity. The court reversed and remanded.
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