Golodner v. Berliner, et al., No. 12-1173 (2d Cir. 2014)Annotate this Case
Plaintiffs Golodner and STS filed suit under 42 U.S.C. 1983 against the City and two officials, alleging retaliation against Golodner for exercising his rights under the First Amendment when he filed an earlier suit against the City and others. The court affirmed the district court's denial of summary judgment where the complaint in the earlier suit constituted speech on a matter of public concern protected under the First Amendment and Golodner's right to engage in this form of speech was clearly established at the time of the alleged retaliation. Golodner's speech was an attempt to vindicate his constitutional rights under the Fourth and Fourteenth Amendments in the face of alleged police misconduct directed against him as a private citizen. The court remanded for continued proceedings.