Gusler v. The City of Long Beach, No. 11-4493 (2d Cir. 2012)Annotate this Case
Plaintiff filed an action under 42 U.S.C. 1983, alleging that defendants unlawfully retaliated against him after he spoke out about issues involving his employer, the Long Beach Fire Department. The district court dismissed some of the claims against some of the defendants and the remaining individual defendants sought to appeal the denial of their dismissal motion, raising a defense of qualified immunity. The court held, however, that it lacked jurisdiction to consider their appeal because they did not file a timely notice of appeal that specified that they intended to appeal.