Bennett v. County of Rockland, No. 21-2597 (2d Cir. 2023)
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Plaintiffs (Rockland County Probation Department employees and their union) brought a First Amendment retaliation claim against Defendants (the County of Rockland and its Director of Probation). Plaintiffs alleged that Defendants retaliated against them for writing a letter to the Rockland County Legislature by holding department-wide emergency meetings and issuing a “Memorandum of Warning.” The district court granted judgment as a matter of law for the Plaintiffs on two liability issues: (1) whether the Plaintiffs’ letter had spoken on a matter of public concern and (2) whether the Plaintiffs had spoken as private citizens. A jury trial was held on liability issue (3): whether the Defendants had engaged in an adverse employment action. After the jury entered a verdict for the Defendants, the district court granted the Plaintiffs’ renewed motion for judgment as a matter of law. It later granted Plaintiffs’ motion for a permanent injunction prohibiting the Defendants from retaining the Memorandum of Warning or using it against any Plaintiff. Defendants appealed the district court’s decision to grant judgment as a matter of law on Issues (2) and (3). They also challenged the permanent injunction.
The Second Circuit reversed the district court’s judgment and remand the case with directions to enter judgment for the Defendants. The court explained that the trial record contains evidence that could lead a reasonable jury to conclude that the test for adverse action was not met. Indeed, the evidence below could support a conclusion that the Memorandum and the meetings were no more than a “‘petty slight,’ ‘minor annoyance,’ or ‘trivial’ punishment.”
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