Alvarez v. Department of Education of the City of New York et al, No. 1:2017cv00935 - Document 75 (S.D.N.Y. 2018)

Court Description: OPINION & ORDER re: 57 MOTION for Summary Judgment filed by Carron Staple. For the reasons above, the Court holds that, viewing the evidence in the light most favorable to Alvarez, the complaints about school safety that she cla ims were the impetus for retaliation by Staple were the speech of an employee pursuant to her official duties, not the protected speech of a citizen. The Court accordingly grants Staple's summary judgment motion and dismisses Alvarez's cl aim of retaliation under the First Amendment. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 57 and to close this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/26/2018) (anc) Transmission to Orders and Judgments Clerk for processing.